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HomeMy WebLinkAboutResolution Zoning 12-Z-128RESOLUTION NO. 12 -Z - _a$ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ( "CITY ") APPROVING THE ZONING APPLICATION (APPLICATION NO. 2012 -04) SUBMITTED BY SUNNY ISLES DAYCARE CORP D/B /A SUNNY ISLES KIDS' CLUB (THE "APPLICANT ") PURSUANT TO SECTION 265 -18 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SUNNY ISLES BEACH ( "LDRS "), TO PERMIT A CHILD DAY CARE FOR NO MORE THAN TWENTY FIVE (25) CHILDREN; 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. I. RECITALS WHEREAS, SUNNY ISLES DAYCARE CORP D/B /A SUNNY ISLES KIDS' CLUB (the "Applicant ") submitted a zoning application to the City of Sunny Isles Beach, Florida (the "Application No. Z2012 -04 "), requesting the following: 1. Pursuant to Section 265 -13 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a conditional use approval for a Daycare Center in the RMF -2 Zoning District. 2. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265 -44 (D)(2) to permit a Child Care Center with a maximum of 25 children where 6 children are permitted. LEGAL: 2 & 11 52 42 1.254 AC M/L TATUMS SUB GOVT LOT 6 PB 10 -64 BEG 100.48 FTN & 1342.33 FTW OF X S/L TR 3 & W R /W/L SR AIA TH W 215.2FT N235FT NELY AD 39.27FT E 163.33FT S260FT TO POB SUITE # 102 FOLIO NUMBER 31- 2211 -004 -0222 ADDRESS: 17395 North Bay Road #102 WHEREAS, the 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 positive recommendation contained in the City's Community Development Department Review Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, on March 15 2012, the City Commission conducted a public hearing on the Application; and WHEREAS, the City Commission finds that the Applicant has shown the granting of the variance request will be in harmony with the general intent and purpose of the Land Development 12 -Z - -- Sunny Isles Daycare Corp 1 Regulations and such variance will not be injurious to the area that is involved or otherwise detrimental to the public welfare. WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Community Development Department and all outside consultants who render reports with respect to the Application, including the recommended conditions, and finds substantial competent evidence to support a showing by the Applicant that the requests for the transfer of development rights and for site plan approval are in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community; and, further finds that said requests should be granted, subject to the conditions described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. INCORPORATION OF RECITALS All recitals above are incorporated into the body of this Resolution as if same were fully set forth herein. III. FINDINGS AND CONCLUSIONS: Based upon an analysis of the application and the standards for approval for a site plan application and variances under the Land Development Regulations, the City Commission makes the following findings and conclusions: A. The site plan application for conditional use approval and the requests for variance are consistent with the Land Development Regulations and the Comprehensive Master Plan of the city of Sunny Isles Beach. B. The Applicant's variance request is supported by competent and substantial evidence and approval is warranted under Section 265 -15 of the City Code. IV. APPROVALS A. The Applicant's request for approval of a conditional use for a Daycare Center in the RMF - 2 Zoning District is hereby granted and said site plan is hereby approved subject to all conditions set forth in Section V below. B. The Applicant's request for a variance to increase the number of children for a child -care center from six (6) children to twenty five (25) children is hereby granted and said site plan is hereby approved subject to all conditions set forth in Section V below. 12 -Z - -- Sunny Isles Daycare Corp 2 V. CONDITIONS In the event that the request is granted, the following conditions should apply prior to issuance of building permit or any licenses: (1) Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the Planning and Zoning Administrator and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations. Should the plans be revised and result in a change that would not be considered "minor" in accordance with Section 265- 18 of the City Code; the Applicant shall be required to obtain another approval of the City Commission. (2) That the project shall be developed substantially in accordance with the plans submitted for public hearing. The plans submitted for Sunny Isles Daycare Corp (One sheet) is dated Feb. 8, (3) That the Applicant complies with all conditions and permit requirements of the Department of Permitting, Environment, Regulatory Affairs (PERA), the Miami -Dade County Fire Department (MDFD), Water and Sewer Department, (DCF) Department of Children and families, and (DOH) Department of Health. (4) That all signage associated with the location of the Child Day Care meet the requirements of the Sign Code of the City of Sunny Isles Beach. (5) That the Applicant obtains a Business License and a Certificate of Use from the City upon compliance with all terms and conditions. The Business License and Certificate of Use shall be subject to cancellation upon violation of any conditions. (6) That the maximum allowable amount of children attending the Child Day Care shall be 25 and all under the age of five (5) years old. (7) That the outdoor playground depicted on the plans shall be fully enclosed by a 54 inches high iron -rod fence with privacy screening, including a landscape buffer and solid bollards to be 84" apart. A building permit for this barrier shall be submitted within 30 days of zoning approval. (8) That the Applicant shall not apply for an increase of the number of children before January 1, 2014. The City Commission reserves the right to reject any application to increase the children. (9) That the Applicant shall submit a Declaration of Restrictions in recordable form acceptable to the Community Development Department and the City Attorney within 30 days of zoning approval. The Declaration of Restrictions shall provide that no more than one day care shall operate on the subject property and the size of the day care shall be restricted to 4000 square feet. (10) That the Applicant shall provide four (4) dedicated parking spaces within the shopping plaza 12 -Z - -- Sunny Isles Daycare Corp for excusive use by the Day Care facility. (11) That this Resolution and all conditions contained herein shall be binding upon Applicant, its successors and /or assigns. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. VI. 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 provision and such holding shall not affect the validity of the remaining portions of this Resolution. VII. REPEALER All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. VIII. EFFECTIVE DATE This Resolution shall become effective upon adoption. PASSED and ADOPTED this 1s4day of March, 2012. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission By: ' Ul��[iui /v ➢ orman S. Edelcl ATTEST: Jane A..Hines, CMC, City.Clerk 12 -Z - -- Sunny Isles Daycare Corp 4 FORM City Attorney VOTE: Moved by: ,Q MPo r YA-EQ Second by: COmMylu,d , E C.,WDLL_ Mayor Norman Edelcup J/yes no Vice Mayor Thaler des no Commissioner Aelion des ono Commissioner Gatto _yes _/no Commissioner Scholl Ayes no 12 -Z - -- Sunny Isles Daycare Corp STATE OF FLORIDA ) )ss: COUNTY OF MIAMI -DADE ) I, JANE A. HINES, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 12 -Z -128 adopted by the City Commission at its meeting held on the 151h day of March 2012. Issued this - 21t�ay- of- March, - 2012 -. 1- - ----------- <��,� Jane A. Hines, CMC, City Clerk, 12 -Z - -- Sunny Isles Daycare Corp 6 O 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, March 15 at 6:30 p.m., to consider the following Zoning application: Application: Sunny Isles Kids' Club Location: 17395 North Bay Road # 102 Public Hearing #: Z2012 -04 Summary: The Applicant is requesting a conditional use approval and a variance to increase the number of children for a child -care center from six (6) children to twenty five (25) Request: 1. Pursuant to Section 265 -13 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a conditional use approval for a Daycare Center in the RMF -2 Zoning District. 2. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265 -44 (D)(2) to permit a Child Care Center with a maximum of 25 children where 6 children are permitted. Plans are on file and may be examined in the City Clerk Offices for Sunny Isles Daycare Corp (Pg. 1), dated Feb. 8, 2012. Legal: 2 & 1152 42 1.254 AC M/L TATUMBS SUB GOVT LOT 6 PB 10 -64 BEG 100.48FTN & 1342.33FTW OF X S/L TR 3 & W R /W /L SR A1A TH W 215.2FT N235FT NELY AD 39.27FT E 163.33FT S260FT TO POB SUITE # 102 FOLIO NUMBER 31- 2211 - 004 -0222. Size of Property: 54,623 sq ft. lot 2 -story building 26,847 sq ft Unit # 102 1,633 sq ft Zone: High Density Multifamily (RMF -2) 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. The courts have ruled that it is improper to contact a City Commission member individually, either orally or in writing about any zoning applications. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. Any zoning hearing may be continued at this meeting and under such circumstances, additional legal notice would not be provided. Any persons wishing to speak at a public hearing should register with the City Clerk prior to that item being heard. Inquiries regarding the item may be directed to the City's Planning and Zoning Department at (305) 792 -1710. Please refer to the hearing number when making an inquiry. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings and, for such purpose, may need 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 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 Manager at 305 - 792 -1701, no later than 48 hours prior to the proceeding; if hearing impaired, please telephone the TDD line at 305- 792 -1590 for assistance. Revised on 2222012 SR Revised on 22312012 HO Revised on 228/2012 CH Revised on 2292012 SR Revised on 3/7/2012 CH Revised on 3/82012 HO Ar ay ;0 0r FC `FLOP Qy f 0, SUN I. Project Summary City of Sunny Isles Beach Development Review Report Application #: Z2012 -04 Application Summary: The Applicant is requesting a site plan approval including a conditional use j and a variance to increase the number of children for child -care centers. Applicant /Owner: Sunny Isles Day Care Corp d/b /a Sunny Isles Kids' Club 17395 North Bay Road # 102 Sunny Isles Beach, FL 33160 Phone: (786) 457 -8247 II. Site Information Site Area: 54,623 sq ft. lot 2 -story building 26,847 sq ft Unit # 102 (1,633 sq ft) Location 17395 North Bay Road # 102 Land Use: Medium to High Density Residential Zoning: High Density Multifamily (RMF -2) Adiacent Properties: III. History The Winston Towers Shopping Plaza provides multiple business uses for residents. The business uses are retail and other services and were established through the recorded Declaration of Covenant dated December 18, 1979 restricting the type of business uses, and parking, and servicing only Winston Towers SUNNY ISLES DAYCARE Z2012 -04 CH 1 Existing Land Use Zoning Land Use Plan North High Density Residential RMF -2 RMF -2 East High Density Residential RMF -2 RMF -2 South Intracoastal Waters N/A N/A West High Density Residential RMF -2 RMF -2 III. History The Winston Towers Shopping Plaza provides multiple business uses for residents. The business uses are retail and other services and were established through the recorded Declaration of Covenant dated December 18, 1979 restricting the type of business uses, and parking, and servicing only Winston Towers SUNNY ISLES DAYCARE Z2012 -04 CH 1 Revised on 2222012 SR Revised on 2/232012 HO Revised on 2282012 CH Revised on 2292012 SR Revised on 3/72012 CH Revised on 3/82012 HO Complex. In addition, on 1996 Miami -Dade County approved a hearing for a Synagogue to be established within the shopping plaza, that use currently exists. Public hearing application No. Z2011 -03 was denied by City Commission on July 21, 2011 under Resolution 11 -Z -122. IV. Applicant's Request 1. Pursuant to Section 265 -13 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a conditional use approval for a Daycare Center in the RMF -2 Zoning District. 2. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265 -44 (D)(2) to permit a — -- Child Care Center with -a maximum -of -25 children where 6 children are permitted. Plans are on file and may be examined in the City Clerk Offices for Sunny Isles Daycare Corp (Pg. 1), dated Feb. 8, 2012. Legal: 2 & 11 52 42 1.254 AC M/L TATUMBS SUB GOVT LOT 6 PB 10 -64 BEG 100.48FTN & 1342.33FTW OF X S/L TR 3 & W R/W /L SR AIA TH W 215.2FT N235FT NELY AD 39.27FT E 163.33FT S260FT TO POB SUITE # 102 FOLIO NUMBER 31 -2211- 004 -0222. V. Zoning General Standards of Review For Variance In granting a variance, the City Commission must consider the following factors pursuant to Section 265 -15 of the City Code. (1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; A special condition on the property relates to the existing Declaration of Covenant, which allows business uses in the residential zoning district in which the building is located on. (2) The special conditions and circumstances do not result from the actions of the petitioner; The Applicant did not have control over the special condition placed on the site, when the Declaration of Covenant was establish in 1979. (3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and works unnecessary and undue hardship on the applicant; Literal interpretation of the provision of the LDRs deprives the Applicant rights. SUNNY ISLES DAYCARE Z2012 -04 CH 2 Revised on 2222012 SR Revised on 2232012 HO Revised on 2282012 CH Revised on 2292012 SR Revised on 3/72012 CH Revised on 3/82012 HO (4) The alleged hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDRs. The hardship relates to the zoning classification and the existing Declaration of Covenant imposing limitations not the Applicant. (5) Granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district; The granting of the variance does not constitute a special treatment to the Applicant. The Declaration of Covenant was established to allow uses without the need to submit a public hearing, providing the same treatment for the owners. - - (6)The variance , if -granted,-is- the - minimum variance- that - makes - possible the reasonable use of the land, building or structure; and The request is to be the minimum variance that makes possible the reasonable use of the building. (7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. The granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. Furthermore, to comply with the general intent of the LDRs, the Applicant is proposing to record a Declaration of Restriction in order to ensure the health safety, and welfare of the community. VI. Staff Analysis Winston Towers Shopping Plaza is located in a multi - family residential zoning district. At the time that the Winston Towers Shopping Plaza was constructed, Miami -Dade County had approved business uses within the shopping plaza with certain conditions in accordance with a Declaration of Restrictions. The Shopping Plaza has provided services throughout the years to residents of Winston Towers and the larger community. A daycare is a conditional use in the zoning district. In other words, a daycare is a permitted use with certain conditions. The Applicant has been operating at the subject property as a daycare facility with a limitation of six children. In addition, the Florida Legislature has recognized the need for quality child care due to the fact that many parents of young children are employed outside the home, § 402.26 FL Statute. State policy expresses the need to "promote the development of child care options in the private sector." Moreover, the Property Owner has agreed to provide a Declaration of Restriction to limit the daycare facility uses and further expansions, and provide priority to Winston Towers residents. At this time, City staff has no objection to the Applicant's request. SUNNY ISLES DAYCARE Z2012.04 CH Revised on 2/22/2012 SR Revised on 2/232012 HO Revised on 2282012 CH Revised on 21292012 SR Revised on 3/72012 CH Revised on 3/8/2012 HO VII. Off - Street Parking and Loading Standards VIII. Art in Public Places (N /A) IX. Conditions In the event that the request is granted, the building permit or any licenses: to (1) Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the Planning and Zoning Administrator and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations. Should the plans be revised and result in a change that would not be considered "minor" in accordance with Section 265 -18 of the City Code; the Applicant shall be required to obtain another approval of the City Commission. (2) That the project shall be developed substantially in accordance with the plans submitted for public hearing. Plans are on file and may be examined in the City Clerk Offices for Sunny Isles Daycare Corp (One sheet), dated Feb. 8, 2012. (3) That the Applicant complies with all conditions and permit requirements of the Department of Permitting, Environment, Regulatory Affairs (PERA), the Miami -Dade County Fire Department (MDFD), Water and Sewer Department, (DCF) Department of Children and families, and (DOH) Department of Health. (4) That all signage associated with the location of the day care meet the requirements of the sign code. (5) That the applicant obtains a Business License and a Certificate of Use from the City upon compliance with all terms and conditions. The Business License and Certificate of Use shall be subject to cancellation upon violation of any conditions. (6) That the maximum allowable amount of children attending the Child Day Care shall be 25 and all under the age of five (5) years old. (7) Outdoor playground shall be fully enclosed by a 54 inches high iron -rod fence with privacy screening, including a landscape buffer and solid bollards to be 84" apart. A building permit for this barrier shall be submitted within 30 days of zoning approval. (8) Applicant shall not apply for an increase of the number of students before January 1, 2014. SUNNY ISLES DAYCARE Z2012 -04 CH 4 Required Provided Regular 4 4 Drop-off & pick-up 1 2 Handicap N/A N/A VIII. Art in Public Places (N /A) IX. Conditions In the event that the request is granted, the building permit or any licenses: to (1) Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the Planning and Zoning Administrator and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations. Should the plans be revised and result in a change that would not be considered "minor" in accordance with Section 265 -18 of the City Code; the Applicant shall be required to obtain another approval of the City Commission. (2) That the project shall be developed substantially in accordance with the plans submitted for public hearing. Plans are on file and may be examined in the City Clerk Offices for Sunny Isles Daycare Corp (One sheet), dated Feb. 8, 2012. (3) That the Applicant complies with all conditions and permit requirements of the Department of Permitting, Environment, Regulatory Affairs (PERA), the Miami -Dade County Fire Department (MDFD), Water and Sewer Department, (DCF) Department of Children and families, and (DOH) Department of Health. (4) That all signage associated with the location of the day care meet the requirements of the sign code. (5) That the applicant obtains a Business License and a Certificate of Use from the City upon compliance with all terms and conditions. The Business License and Certificate of Use shall be subject to cancellation upon violation of any conditions. (6) That the maximum allowable amount of children attending the Child Day Care shall be 25 and all under the age of five (5) years old. (7) Outdoor playground shall be fully enclosed by a 54 inches high iron -rod fence with privacy screening, including a landscape buffer and solid bollards to be 84" apart. A building permit for this barrier shall be submitted within 30 days of zoning approval. (8) Applicant shall not apply for an increase of the number of students before January 1, 2014. SUNNY ISLES DAYCARE Z2012 -04 CH 4 Revised on 2/222012 SR Revised on 2232012 HO Revised on 2282012 CH Revised on 2292012 SR Revised on 3/72012 CH Revised on 3/82012 HO (9) Applicant shall submit a Declaration of Restrictions in recordable form acceptable to the Community Development Department and the City Attorney within 30 days of zoning approval. The Declaration of Restrictions shall provide that no more than one day care shall operate on the subject property and the size of the day care shall be restricted to 4000 square feet. (END) SUNNY ISLES DAYCARE Z2012.04 CH 5 PUBLIC HEARING APPLICATION Hearing 4: 2 2-01l `Q'4 ." Y " {F� Date Received:�� �✓ 1 J X71° aF� re Folio Number: 31 -2211- 004 -0222 M'C,l'• {LO 1 O44 Proposed Project Name: Sunny Isles Kids' Club Name of Applicant: Sunny Isles Daycare Corporation a. If applicant is the owner, give name exactly as recorded on deed. b. If applicant is lessee, attach copy of valid lease of one (1) year or more and Property Owners Sworn -to- c. a Consent. If applicant is a corporation, partnership, limited partnership, or trustee, a separate Disclosure of Interest form must be completed. Applicant Mailing Address: 17021 North Bay Road, # 509 City Sunny Isles Beach State Florida Tel. # (during working hours) (786) 457 -8247 Name of Property Owner: Prince of Sunny Isles LLC Mailing Address: c/o Jeffrey Feinberg Esq., 4000 City Hollywood State Florida Tel. # (during working hours) (305) 792 -2067 5. Contact Person: f� _ Zip 33160 Other N/A I Blvd. # 350 _ Zip 33121 Other N/A Mailing Address: 1450 Brickell Avenue, 23rd Floor City Miami State Florida Tel. # (during working hours) (305) 350 -2374 Other Zip 33131 N/A 4. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION: 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). c, 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. Unit 102 of the property more particularly described in Exhibit A, attached and by reference incorporated herein. Address or location of subject property: 17395 North Bay Road, Unit 102 Size of property: ±254 ft. x ±215 ft, acres ±1.254 Unit 102: ±1,633 ft2 indoors�utdoors City of Sunny Isles Beach Community Development Department MIAMI 2911619.1 7957936929 Date subject property acquired or leased 27th day of Me, 2011 Term of lease 3 years. (Plus a right to renew for an additional 5 years.) 8. 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".) No. Is there an option to purchase or lease the subject property or property contiguous thereto? No. If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). N /A. 10. Present zoning classification(s): RMF -2 Please check the appropriate box and give a brief description of the nature of the request in the space provided: ❑ Comprehensive Plan Amendment ❑ District Boundary Change(s) ❑ Site Plan Approval ® Conditional Use ❑ Variance ❑ Plat Approval ❑ Transfer Development Rights o Vested Rights ❑ Appeals ❑ Other: 12. Has a public hearing been held on this property within the last year and a half? Zyes Ono If yes, applicants name: Sunny Isles Daycare Corp. Date of hearing: July 21, 2011 Nature of hearing: Site Plan Approval /Variance Request (See Letter of Intent) Decision of hearing: Denied Resolution #: Zoning Resolution No. 11 -Z -122 13. Is this hearing being requested as a result of violation notice? Oyes Ono If yes, give name to which violation notice was served: Nature of violation 14. Are there any existing structures on the property? Zyes Ono If yes, briefly describe: Shopping Center 15. Is there any existing use on the property? Eyes ❑no If yes, what is the use and when was it established? Use: Shopping center Established: 1974 City of Sunny Isles Beach Community Development Department MIAMI 2911619.1 7957936929 PROPERTY OWNER'S SWORN -TO- CONSENT PERMITTING TENANT TO FILE FOR HEARING On behalf of Prince of Sunny Isles LLC , Property Owner of the property legally described below and which is the subject property of the proposed hearing, does hereby grant consent to Sunny Isles Daycare Corp. , as Tenant, to file this application for a public hearing. Legal Description: Unit 102 of the property more particularly described in Exhibit A. YJ `/c ^,o` Signaturc,.� Print Name 4 d& Signature Print Name Property Owner's Signature fir-% t CA l ti .p ►��� Print Name Sworn to and subscribed before me on the 111�- day of l--66 • , 20 1-1— . Affiant is personally known to me or has produced '�KZ0A! LZt,"c as identification. Commission Expires: Notary (Stamp /Seal) Notary PuDlle� State of Florida by _Cnma Expires Jan 26, 2015 Commission # EE 59047 Bonded Through National Notary Assn. City of Sunny Isles Beach Community Development Department MIAMI 291 1619.1 795 7936929 DISCLOSURE OF INTEREST 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). Prince of Sunny Isles LLC TLC Name Name, Address and Office M oSeS I�AE117*) ;D_gVTD '-f ePe6f- Percentage of Stock S• The above is a full disclosure of all parties of interest in the application to the best of my knowledge and belief. Signatures I �� C"J'J �AVih i`Tr' s, f (Appllsa,o: NETTA GIDALI Public - Stale of Florida -1 ' day of " 120 (2- Bonded Through National Notary Assn. Notary Public, State of Florida at Large My Commission * Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an established securities market 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. STATE OF 'I COUNTY OF Mmmi- k OWNERSHIP AFFIDAVIT FOR CORPORATION Public Hearing No. Before me, the undersigned authority, personally appeared 41 A- 4*40' 7 Wkl hereinafter the Affrant(s), who being first duly swom by me, on oath, deposes and says: 1. Affiant is the president, vice - president or CEO of the Sunny Isles Daycare Corporation, with the following address: 17395 N. Bay Road, #102, Sunny Isles Beach, FL 33160, 2. The Corporation leases the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: Unit 102 of the property more particularly described in Exhibit A. 4. Affiant is legally authorized to file this application for public hearing. 5. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. 6. Affiant understands that the matters attached to and made part of the application are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before the application can be submitted and the hearing advertized. Pril'ol.N.anic / Signature <; , &0 L6;-, Print Name Sworn to and s known to me or Commission City of Sunny Isles Beach MIAMI 2911619.1 7957936929 Affia4s Signaturb Print Name me on t to e� day of as ids at a�1@J 20 l?v• . Affiant is personally Notary Publlo State of Florida Claudia C Ne0Bu6 7/2013 Community Development Department 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). Sunny Isles Daycare Corp. Corporation Name Name, Address and Office Elena Dannikova, President 17021 N. Bay Rd. #509, Sunny Isles Beach, FL 33160 Wendy Rivas, Vice President Percentage of Stock 80% 20% The above is a full disclosure of all parties of interest in the application to the best of my knowledge and belief. Signature:-' (Applicant):�r- AIA- J)5? f7h 1 Sworn to and subscribed before me, this day of its 20 '— Notary Public, State of Florida at Large My Commission Expir L'Y�'p No' P blio Sta e o Florida Claudia C Nasbon My Commission DD947457 Expiras 1 211 712 01 3 * Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an established securities market 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. City of Sunny Isles Beach Community Development Department MIAMI 2911619.1 795793 6929 Public Hearing No: 'f 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 (DERM) 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 Contact with the above - mentioned agencies is advised during the hearing process. Permit requirements: I also understand that the Florida Building Code, DEP, DERM, MDFD, and /or Florida Department of Transportation FDOT may contain requirements that affect my ability to obtain a required building permit for my project, even if the zoning application is 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 hearing fees paid at the time of filing may not be the total cost of the hearing and that I will be advised of any other fees that can be associated with the public hearing application. Signature r-1 ­� l L Print Name Notary: Swo n t d subscribed before me this !' ' day ofk, ° r • .,nay rry4n Notary Public State of Florida Notary Public to of lorida Claudia C Hasoun e My Commisalpn OD947a57 My COInm15510 e Expires 121M2013 City of Sunny Isles Beach Community Development Department MIAMI 2911619.1 795793 6929 EXHIBIT "A" 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 AIA; THENCE SOUTH 87 DEGREES 17'35" WEST, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 1547.07 FEET; THENCE NORTH 02 DEGREES 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 CLERK'S FILE NO. 70R-1 12692, OF THE SFPUBLICC I , i0HID7THENCE?i ONG THI I AS I-_ 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 CURVE 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 DEGREES 1735" EAST, ALONG THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND KNOWN AS WINSTON BOULEVARD AND DESCRIBED IN CLERK'S FILE NO. 70R-1 12693, A DISTANCE OF 190.20 FEET; THENCE SOUTH 02 DEGREES 42'35" EAST, A DISTANCE OF 254.00 FEET; THENCE SOUTH 87 DEGREES 17'35" WEST, 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, LYING AND BEING IN MIAMI -DADE COUNTY, FLORIDA 17395 N BAY RD, SUNNY ISLES BEACH, FL 33160 PARCEL2: DOCK FACILITIES: A PORTION OF LOT 3, OF 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 AIA; THENCE SOUTH 87 °17'35" WEST, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 1547.07 FEET; THENCE NORTH 02 042'25" WEST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; SAID POINT OF BEGINNING BEING FURTHER DESCRIBED AS BEING Book26626 /Page1857 CFN #20080874481 Page 2 of 3 Boor: 26626 PAGE 1858 LAST PAGE ON THE EAST LINE OF THAT PARCEL OF LAND KNOWN AS NORTH BAY ROAD AS DESCRIBED IN CLERK'S FILE NO. 70R- 112692 OF THE PUBLIC RECORDS OF MIAMI -DADS COUNTY, FLORIDA; THENCE CONTINUE ALONG THE LAST DESCRIBED COURSE, ALONG SAID EAST LINE OF NORTH BAY ROAD, A DISTANCE OF 6.00 FEET; THENCE NORTH 87117'35" EAST, A DISTANCE OF 892.94 FEET; THENCE SOUTH 02 042'25" EAST, A DISTANCE OF 6.00 FEET; THENCE SOUTH 87 °17'35" WEST, ALONG A LINE PARALLEL TO AND 100.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 892.94 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN MIAMI -DADE COUNTY, FLORIDA, LESS THE EAST 677.75 FEET THEREOF CONTAINING + 1,291 sq. ft. +0.03 acre Book26626 /Page1858 CFN #20080874481 Page 3 of 3 Comparison Chart: § 265 -44(D) v. Sunny Isles Daycare Facility U Required by Code Provided by Facility 4 1 phi" Lot Size 7,500 ft2 54,623 ft2 Usable Floor Space 500 ft2 (20 ft2x 25 students) 1,431 ft2 Outdoor Play Area 562.5 ft' (45 ft2x 12.5 students) 1,200 ft2 MIAMI 2899787.27957936929 "Bilzin Sumberg Stanley B. Price, Esq. Fe.1 305.350.2374 - --�'�— Fax 305.351.2204 sprite @biWn.com FEB 21 2012 PLANNING & ZONE Claudia Hasbun City of Sunny Isles Beach Community Development Department 18070 Collins Avenue Sunny Isles Beach, FL 33160 February 27, 2012 Re: Conditional Use Application, Sunny Isles Daycare Corp., 17395 North Bay Road, Unit 102 Dear Ms. Hasbun: Please consider this letter a letter of intent on behalf of our client, Sunny Isles Daycare Corp. ( "Sunny Isles Daycare "), to apply for Conditional Use approval of its proposed, 25 -child daycare facility ( "Daycare Facility ") located at 17395 N. Bay Road, Unit 102 ( "Property "), a 1,633- square -foot suite within a 26,847- square -foot shopping center. Sunny Isles Daycare is currently leasing the Property from Prince of Sunny Isles, LLC ( "Owner "), and more than two years remain on the initial term of the lease. In support of our application, please find enclosed the following: 1. Completed Public Hearing Application; 2. Site Plan for the Daycare Facility; 3. Copy of lease agreement for the Property; 4. Owner's sworn -to consent; 5. Corporate Affidavit; 6. Corporate Disclosure of Interest; 7. Comparison Chart, comparing the Daycare Facility to the area requirements provided in Section 265 -44(D) of the City of Sunny Isles Beach Code; MIAMI 2899751.4 7957936929 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1460 Brickell Avenue, Suite 2300, Miami, FL 33131 -3456 16 305.374.7580 Fax 305,374.7593 Claudia Hasbun City of Sunny Isles Beach Community Development Department February 27, 2012 Page 2 8. Form of Declaration of Restrictions, to be executed and recorded by Owner prior to public hearing; and 9. Operating Certificate No. C11MD2110, issued by the State Department of Children and Families to Sunny Isles Daycare and permitting up to 40 students at the Property. The Florida Legislature has recognized the "extraordinary changes in demographics" in the state and, accordingly, the "critical importance" of the availability of quality child care. § 402.26, Fla. Stat. Due to the fact that many parents of young children are employed outside the home, the State's expressed public policy is to "promote the development of child care options in the private sector." Id. The City of Sunny Isles Beach has, consistent with the state as a whole, witnessed rapid changes in demographics, and the Daycare Facility is designed to accommodate the community's growing need for high - quality, professional child care in a convenient, neighborhood location that permits parents to walk their children to daycare and avoids the traffic conflicts present in more commercial locations. That need is evidenced by Sunny Isles Daycare's current waiting list —of the more than 40 children currently on the waiting list, approximately half reside in the Winston Towers community. As reflected by the attached Site Plan, the Daycare Facility utilizes well- organized indoor and outdoor play and learning areas in order to provide a healthy, well - supervised environment that is fully compliant with all state and local daycare regulations. Attached is the State Certificate of License for the Daycare Facility, which evidences Sunny Isles Daycare's full compliance with all state regulations and the suitability of the facility for up to 40 children —a full 60% greater than the number requested in this application. Further, the Daycare Facility is consistent with the City's Comprehensive Plan. The Property is designated "Medium to High Density Residential," which contemplates schools and other community facilities that serve the surrounding residential community. The Comprehensive Plan also encourages the establishment of neighborhood businesses, such as the Daycare Facility, near the entrances to residential developments. Indeed, the Daycare Facility is properly located amidst a residential development. This ideal location permits parents to safely walk their children to and from daycare before and after work and errands, as opposed to a commercial location, which would require vehicular transportation and create frequent and dangerous interactions between children and cars. Pursuant to the City Code, a daycare is a permitted conditional use in the RMF -2 zone in which the Property is located. Section 265 -44(D) of the Code provides objective criteria for the approval of a daycare center, and, as reflected in the attached Comparison Chart, Sunny Isles Daycare's facility far exceeds these requirements. For example, the Daycare Facility provides nearly three times the required amount of usable indoor space and more than two times the required amount of usable outdoor space for the requested number of children. Also note that, consistent with both the Code and Sunny Isles Daycare's goal to provide a safe, pleasant 1341AM12899751.4 7957936929 C, BILZIN SUMBERG BAENA PRICE & AXELROD LLP Claudia Hasbun City of Sunny Isles Beach Community Development Department February 27, 2012 Page 3 environment, the outdoor play area will be fully enclosed by a six - foot -high iron -rod fence with privacy screening so that it is separated, both physically and visually, from the parking lot, utility equipment, neighboring units in the shopping center, and neighboring residential units. In addition, Sunny Isles Daycare will landscape the entire exterior of the fence to ensure that the Daycare Facility is visually appealing to its neighbors, and will also place bollards between the sidewalk and the exterior fence to protect the fence from cars. Further, this application will not impact the City's future use of the adjacent right -of -way and parking area for an emergency roadway network. Although the Daycare Facility easily meets and exceeds the Code's criteria, Sunny Isles Daycare and the Owner offer the following three enhancements in order to more comprehensively ensure that the proposed Daycare Facility furthers the health, safety, and welfare of the community and is consistent with the character of the City and the neighborhood. First, although the size of the Property is sufficient to provide quality care for a much greater number of children, Sunny Isles Daycare initially requests approval for only 25 students and will not apply for approval of additional students until no earlier than January 1, 2014. By initially approving only a small portion of the number of children that the Property is able to accommodate pursuant to local and state laws, the City will be able to ensure that the use of the Property is of a very low intensity and therefore will not, in any way, be detrimental to the public welfare or inconsistent with the nature of the community. In addition, the City will have more information about both the Daycare Facility and Sunny Isles Daycare, and a track record for both, prior to considering any future application for additional children. Second, Sunny Isles Daycare appreciates that the City may be concerned about the possibility of additional daycares and schools opening and operating in the Winston Towers Shopping Plaza. To eliminate the possibility of the shopping center housing any additional school- or daycare -type uses, the Owner is willing to execute and record a restrictive covenant that runs with the land and prohibits any more than a single daycare or school facility at the shopping center. The covenant additionally limits the any potential future expansion of the single school or daycare to a maximum floor area of 4,000 square feet, which is less than 15% of the total floor area of the shopping center. Further, any potential future expansion of the Daycare Facility would require approval by the Commission after a public hearing. The form of the restrictive covenant is attached, and Sunny Isles Daycare will provide the City with the covenant, in recordable form, prior to the public hearing on this application. Third, Sunny Isles Daycare also appreciates that the City may be concerned about potential traffic impacts of the Daycare Facility. As an initial matter, please note that the Daycare Facility offers more - than - sufficient parking spaces and, unlike a school with set arrival and departure times, children at a daycare are dropped off and picked up throughout the day, resulting in an evenly spread flow of traffic. In addition, because of the Daycare Facility's residential location, many children are walked, not driven, to daycare. To ensure that the 311AM1 2899751.4 7957936929 C4 BILZIN SUMBERO BAENA PRICE & AXELROD LLP Claudia Hasbun City of Sunny Isles Beach Community Development Department February 27, 2012 Page 4 majority, if not all, of the Daycare Facility's children come from the immediate neighborhood and therefore cause no traffic impacts, the Owner is willing to include in the restrictive covenant a requirement that first priority in enrollment be given to residents of Winston Towers. Further, Sunny Isles Daycare will employ a traffic monitor during peak arrival and departure times to direct the flow of traffic and ensure the safe arrival and departure of children. The City has requested that, as part of our application, we include a request for a variance from Section 265- 44(D)(2), which limits daycare facilities in the R -1 District to six children. We firmly believe that the six -child limitation applies only to facilities in the R -1 District, and not other zoning districts, such as the RMF -2 district in which the Property is located. Rather, in our zoning district, the area -based requirements in Section 265- 44(D)(3), as well as the statutory requirements, are what limit the capacity of daycare facilities.' As we have explained above, the Daycare Facility meets both sets of criteria with ample room to spare. Although we do not believe that we require a variance from Section 265- 44(D)(2) in order to obtain conditional use approval for the 25 -child Daycare Facility, in the event that the City ultimately concludes that such a variance is required, we offer the following explanation for why a variance, if required at all, should be granted in this situation. Pursuant to Section 265 -15 of the City Code, a variance should be granted where "a literal enforcement" of the zoning regulations "would result in unnecessary and undue hardship on the property." Under the circumstances, limiting the Daycare Facility, which is located in a commercial space, to only six students, the same number permitted in a single - family home, would effectuate such an unnecessary and undue hardship. Section 265 -15(G) lays out seven criteria for the consideration of a variance request. The first two criteria require that the "land, structure, or building involved" be subject to special conditions or circumstances that are not common among other properties in the same zoning district and that were not caused by the actions of the applicant. The Property clearly meets these criteria. The Property is a commercial space. Unlike the other properties located in the district, primarily residential condominium units, the Property was designed, not to serve the dual purpose of a residence and a small daycare facility, but to serve the sole purpose as a daycare facility. The Property is distinguishable in every imaginable way from typical properties in the RMF -2 district, and Property's unique circumstances were not created by Sunny Isles 1 As an example, Section 265 -44(D) applies to all daycares in the City, and if the 6 -child limitation similarly applies to all daycares as opposed to only those in the R -1 district (as stated in the provision), then the area calculations in 265- 44(D)(3) make no sense. The area requirements, for example, require an outdoor play area that is the greater of 400 square feet or 45 square feet per child for half of the facility's capacity. If only 6 are permitted, then the area calculation works out to only 135 square feet, and 400 square feet is greater in every single case, rendering the area calculation entirely unnecessary. Ordinances are generally not interpreted in a way that renders its provisions meaningless. 441AMI 2899751.4 7957936929 C4 BILZIN SUMBERG BAENA PRICE & AXELROD LLP Claudia Hasbun City of Sunny Isles Beach Community Development Department February 27, 2012 Page 5 Daycare, but by the developer of the Winston Towers development nearly forty years ago when Winston Towers was created. The next two criteria, numbers 3 and 4, require that the strict application of the zoning regulations, in this case a limit of six children, would effectuate an unnecessary, non - economic hardship on the applicant. The bottom line is that, if the Daycare Facility is limited to six children, then the Property cannot be used as a daycare facility at all. The Property, which contains approximately 1,600 square feet of commercial, interior space and approximately 1,200 square feet of outdoor space, is simply not suitable for the sort of small -scale operation located within a single - family residence that is contemplated by Section 265 -44(D)(2). Criteria 5 and 6 require that the variance, if granted, not constitute special treatment, and that it be the minimum variance required to make possible the reasonable use of the land. As explained above, in the light of the area regulations for daycare facilities imposed by both the Code and the Florida Statutes, as well as the Daycare Facility's state certification, which all reflect that the Property is designed to accommodate at least 40 children, the current request for 25 children is clearly reasonable. The variance does not constitute special treatment, as compared to other properties in the district lacking the unique conditions, because it is required to render the Property suitable for use as a daycare facility, a use that is permitted by the Code and that is practicable in the residential units, where the six children limitation would not effectuate an unnecessary hardship and is consistent with the design of such properties. The variance is thus required, not to grant special treatment, but to place Sunny Isles Daycare on equal footing with the owners of other, typical properties in the RMF -2 district. The final criterion for a variance is whether the variance generally furthers the purpose of the zoning regulations and is not injurious to the neighborhood, public safety and welfare, or property values in the area. The variance, which would permit a much - needed daycare facility to serve the Winston Towers community, clearly furthers the purpose of the Code, which permits daycare facilities in all residential districts, as well as the Florida Statutes, which expressly encourage the development of such facilities. As explained above, the Daycare Facility fully complies with all area regulations imposed by the Code and is designed to further the safety and welfare of the general public and, in particular, the Winston Towers Community. Finally, in light of the clear need for a quality daycare facility in the Winston Towers neighborhood, as well as the extremely low intensity of the proposed use, if the Daycare Facility has any impact at all on area property values, that impact would be a positive one, not an impairment. We note that Sunny Isles Daycare previously applied for approval of a daycare facility on the Property, and that application was denied by the City Commission on July 21, 2011. As reflected herein and in the enclosed application and materials, the current application differs substantially from Sunny Isles Daycare's earlier application, which was for a far greater number of children and would have opened the door to several daycares and schools in the shopping MIAMI 2899751.4 7957936929 C3 BILZIN SUMBERG BAENA PRICE 8 AXELROD LLP Claudia Hasbun City of Sunny Isles Beach Community Development Department February 27, 2012 Page 6 center. Due to this substantial change in circumstances, the denial of the previous application presents no barrier to the Commission's fresh consideration of the instant application. Sunny Isles Daycare desires to benefit the Winston Towers community and the City of Sunny Isles Beach by providing an important, low- impact service that does not in any way alter or negatively impact the community's character or infrastructure. Accordingly, Sunny Isles Daycare respectfully requests the City's approval of its conditional use application and looks forward to serving the community by providing quality childcare at a convenient, neighborhood location. Thank you for your consideration of the enclosed application and materials, and please do not hesitate to contact me by phone or email with any questions that you may have. Sincerely, Stanley B. Price MIAMI 2899751.4 7957936929 C.� BILZIN SUMBERG BAENA PRICE & AXELROD LLP N E n p u w N q d� T 6 O ry p E O to .NpV ��T GOPy u� p 1E C U N e 6 *• 6�QA V(7 U 5: n u N Q i MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Bpsiness Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being -i Legal- Advertisement of Notice in the matter of CITY OF SUNNY ISLES BEACH - NOTICE OF ZONING HEARING 3115 /2012 - HEARING #Z2012 -04 in the XXXX Court, was published in said newspaper in the issues of 03/05/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor Ised any person, firm or corporation any discount, r , commissio or refund for the purpose of secur on in the said before me this 05 day of MARCH , A.D. 2012 .=12�_ _ MARIA MESA personally known to me Notary Public State of Florida Cheryl H. Marmer �. My Commission DD793490 Expires 07 11912012 -+ -� NNxr ,tl J CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING NOTICE IS HEREBY GIVEN that 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, March 15 at 6:30 p.m.; to consider the following Zoning application:. 'Application: Sunny Isles Kids'Club - Location: 17395 North Bay Road # 102 Public Hearing #: Z2012 -04 Summary: The Applicant is requesting a conditional use approval and -a variance to increase the number of children for a child -care center from six (6) children to twenty five (251childrer - -- Request: 1. Pursuant to Section 265 -13 of the City of Sunny rsles Beach' Land Development Regulations, the Applicant ls,rgquesTng'a conditional use approval for a Daycare Center in.the.,RMF -2. Zoning District. 2. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant Is requesting a variance of Section 265- 44- (D)(2) to permit a Child Care; Center. with -a maximum of 25 children where 6 children are permitted.- .Plans are on file and maybe examined in the Clty Clerk Offices for Sunny isles Daycare Corp (Pg 1), dated Feb: 8; 2012. Legal: 2 & 11 52 42 1 254 ACM /LTATUMBS SUB GOVT LOT 6 PB 10- 64:BEG 100.48FTN & 1342.33FTW OF X S/L TR 3 &'W R/W /L SR A1A TH W 215.2FT N235F f NELY AD 39.27FT E 163.33FT S266FT TO POB SUITE #:162 FOLIO. ..NUMBER 31 -2211- 004 - .0222. Size of Property, -2 -story building 26,847 sq it -- : Unit If 102 (1,633,sq it) Zone: High Density. Multifamily(RMF -2) All persons are invited to appear at this meeting or be represented by an agent, or to exoress their views in writing addressed to the City Clerk, City of Sunny Isles; to or should contact the City Manager at 305-792-1701, no later than 46 hours pnorto\ the proceeding, if hearing impaired, please telephone the TDD line 305 - 792 -1590 for assistance 14 3/5 1 2-3-1 TRAFFIC MEMORANDUM FOR SUNNY ISLES DAY CARE CENTER DATE: March 12, 2012 TO: City of Sunny Isles Beach FROM: Juan S. Calderon, P.E., PTOE, Project Manager SUBJECT: Sunny Isles Day Care Facility Traffic Analysis (Revised) Project: Traffic Impact Memorandum for Sunny Isles Day Care Center Location: 17395 North Bay Road #102, Sunny Isles Beach 33160 This revised memorandum has been prepared in order to analyze traffic impacts with regards to a change of use of a store -front of the unit #102 within the Prince of Sunny Isles an office building within a high density multi - family residential district located on 17395 North Bay Road, Sunny Isles Beach 33160. The proposed change of use involves a renovation of the store -front from a Bank facility that previously occupied three adjacent spaces to a Day Care Facility. The memorandum includes the trip generation analysis comparison based on ITE Trip Generation Handbook, 8"h Edition and the summary of findings for the proposed change of use. The following is a summary of the analysis. Proposed Change of Use: The change of use is proposed from a previous Drive -In Bank to a Day Care Facility with an approximate 1,633 SF. The original Drive -In Bank used to occupy 3 times the store -front area. Trip Generation Analysis: Trips for the previous use as a Drive -In Bank and proposed building use as a Day Care Facility were evaluated using Land Use Codes from the Institute of Transportation Engineers (ITE) Trip Generation, 8"h Edition. Table 1 summarizes the estimated raw ITE trips. It should be noted that, in order to provide conservative analysis, Trip Generation for the Day Care Facility was analyzed based on three different unit variables available. ITE Trips Generation Worksheets are provided in the Appendix. Table 1. Estimated Raw ITE Trips Land Use LUC Units Daily Trips PM Peak Hour Trips I Day Care Facility 565 4 Employees 113 19 (9 In/ 10 Out) Day Care Facility 565 1,633 SF 129 21 (10 In/ 11 Out) 25 21 Day Care Facility 565 Students 112 (101n111 Out) <. (revised) Drive -In Bank 912 4,989 SF 726 127 (63 In /63 Out) 1� -1- t � 1400 NW 107th Ave, Suite 209, Miami, FL 33172 Tel: 786- 456 -7700 FE Date www.caltrang roup.com 7 CALTRAN 8.—.000- GROUP MG� s As shown in Table 1, considering the potential that Day Care Facility with 25 Students (a reduction of 15 students from the original application) it will generate the maximum trips compared to area and employees variables. As a result, this analysis is considered conservative for the expected traffic generated by the new facility. Capture Rates: In addition, Pass -by trips are usually trips that already exist within the network with intend to use certain land uses and those trips could be deducted from the raw trip generation. A reduction rate of 47% of the raw generation trips or a maximum 10% of the exiting adjacent road traffic can be applied as pass -by trips rate according with ITE and FDOT site impact Handbook can be applicable to Drive -In Banks and no Pass -by trips are applied to the Day Care Facilities. Table 2 summarizes the estimated new trips on the surrounding roadway network for the proposed change of use. Table 2. Estimated New ITE Trips Based on the comparison shown in Table 2, the proposed Day Care Center could generated at least three times less number of trips than it might be expected to be generated by the previous use (Drive -In Bankfacility) that was located at the overall store -front even after deducting pass by trips. Traffic Analysis: Considering the same situation at the time of the original analysis. The current economic conditions cannot depict the potential trip generation from the overall strip mall an analysis of the current traffic at the signal of Collins Avenue at NE 174th Street was performed as an additional surrogate measurement of the potential trips generated by the change of land use in the concerned storefront unit. Exiting Traffic Volumes: Turning Movement Counts were performed during the AM and PM peak periods (7:00 to 9:00 AM and 4:00 to 6:00 PM) on Tuesday, July 12, 2011 at NE 174th Street and Collins Avenue The volumes were collected in 15- minute intervals and the peak hour was determined for each intersection. Raw information is presented in the appendix. The FDOT peak season conversion factor was applied to the traffic counts to adjust the traffic to peak season volumes. The appropriate peak season conversion factor for the week when the traffic counts were collected is 1.04. Existing signal phasing and timing patterns were obtained from the Miami -Dade County Public Work Department for the signalized intersection required to be evaluated in this analysis. The TMCs and the signal timing for the intersection of Collins Avenue at NE 1741h Street identified as the asset 3881 by Miami -Dade County are also documented in the Appendix. The existing ingress and egress traffic volumes during the peak hours are summarized in Table 3. 1400 NW 107th Ave, Suite 209, Miami, FL 33172 Tel: 786- 456 -7700 Fax: 786- 513 -0711 Page 2 www.caltrangroup.com Land Use LUC Units Daily Trips PM Peak Trips Hour Day Care Facility 565 Employees 133 (9 In/ 10 Out) Day Care Facility 565 1,633 SF 129 20 (9 In/ 11 Out) Day Care Facility 565 25 Students 112 21 (10 In/ 11 Out) Drive -In Bank 912 4,899 SF 385 67 (33 In/ 64 Out) Based on the comparison shown in Table 2, the proposed Day Care Center could generated at least three times less number of trips than it might be expected to be generated by the previous use (Drive -In Bankfacility) that was located at the overall store -front even after deducting pass by trips. Traffic Analysis: Considering the same situation at the time of the original analysis. The current economic conditions cannot depict the potential trip generation from the overall strip mall an analysis of the current traffic at the signal of Collins Avenue at NE 174th Street was performed as an additional surrogate measurement of the potential trips generated by the change of land use in the concerned storefront unit. Exiting Traffic Volumes: Turning Movement Counts were performed during the AM and PM peak periods (7:00 to 9:00 AM and 4:00 to 6:00 PM) on Tuesday, July 12, 2011 at NE 174th Street and Collins Avenue The volumes were collected in 15- minute intervals and the peak hour was determined for each intersection. Raw information is presented in the appendix. The FDOT peak season conversion factor was applied to the traffic counts to adjust the traffic to peak season volumes. The appropriate peak season conversion factor for the week when the traffic counts were collected is 1.04. Existing signal phasing and timing patterns were obtained from the Miami -Dade County Public Work Department for the signalized intersection required to be evaluated in this analysis. The TMCs and the signal timing for the intersection of Collins Avenue at NE 1741h Street identified as the asset 3881 by Miami -Dade County are also documented in the Appendix. The existing ingress and egress traffic volumes during the peak hours are summarized in Table 3. 1400 NW 107th Ave, Suite 209, Miami, FL 33172 Tel: 786- 456 -7700 Fax: 786- 513 -0711 Page 2 www.caltrangroup.com CALTRAN Sunny Isles Day Care Center ENGINEERING GROUP Table 3. Existing Traffic Volumes Trip Distribution: The trip distribution for traffic generated by the Day Care Facility was determined based upon the conservative assumption that 100% will be originated at Collins Avenue at NE 174th Street as the main intersection. The current percentage of turning movements entering and exiting the study area were determined in order to develop the distribution of the generated traffic at that specific location. 26% +3 38% +5) 62% (+7) Intersection Level of Service (LOS) Analysis: The operating conditions were analyzed for study intersection that could be affected by the new use. The analysis was performed for the existing traffic conditions and the future conditions with considering the new use of the storefront. The analysis utilizes Trafficware's SYNCHRO Software, which applies methodologies outlined in the Highway Capacity Manual, 2000 Edition. A summary table presenting the LOS and control delay for each of the movement of the intersection is presented below and detailed results are presented in the appendix. Table 4. Intersection Level of Service Analysis 1400 NW 107th Ave, Suite 209, Miami, FL 33172 Tel: 766- 456 -7700 Fax: 766- 513 -0711 Page 3 www.caltrangroup.com NE 1741 Street Collins Avenue Collins Avenue Peak Northbound Southbound Period Left Thru Right Left Thru Right Left Thru Right P.M. 93 147 259 1,796 1,725 92 Trip Distribution: The trip distribution for traffic generated by the Day Care Facility was determined based upon the conservative assumption that 100% will be originated at Collins Avenue at NE 174th Street as the main intersection. The current percentage of turning movements entering and exiting the study area were determined in order to develop the distribution of the generated traffic at that specific location. 26% +3 38% +5) 62% (+7) Intersection Level of Service (LOS) Analysis: The operating conditions were analyzed for study intersection that could be affected by the new use. The analysis was performed for the existing traffic conditions and the future conditions with considering the new use of the storefront. The analysis utilizes Trafficware's SYNCHRO Software, which applies methodologies outlined in the Highway Capacity Manual, 2000 Edition. A summary table presenting the LOS and control delay for each of the movement of the intersection is presented below and detailed results are presented in the appendix. Table 4. Intersection Level of Service Analysis 1400 NW 107th Ave, Suite 209, Miami, FL 33172 Tel: 766- 456 -7700 Fax: 766- 513 -0711 Page 3 www.caltrangroup.com CALTRAN Sunny Isles Day Care Center MGINF£RING x GROUP A review of the level of services analysis indicates that the intersection of Collins Avenue at NE 174th Street is currently operating at acceptable LOS "B" and will continue operating at the same LOS with a very insignificant increase in the overall control delay after including the conservative trips estimated that could be generated by the day care facility. The intersection LOS analysis indicates that although some of the movements might have an slight increase in the delay that increase cannot be perceived by drivers. Furthermore, the LOS also show that an small adjustment in the signal timing to provide additional green time to the eastbound traffic will not degrade Collins Avenue nor the overall intersection delay. Parking: Table 4 summarizes the Land development regulations and ITE Parking Generation Manual. The result of parking demand analysis shows that 4 to 6 parking spaces will be able to meet the parking demand from the proposed land use. op- A review of the planned operation by the Day Care management was prepared to establish the optimal operations during drop -off and pick up pedods. This analysis considered that 21 vehicles arrived during the PM peak and that those vehicles will required between 4 to 6 parking spaces. processing rate in order that those parking spaces will be able to handle the traffic demand without generating large queues of vehicles (parents) waiting to be served. It is important to mention that for this type of facility arrival to the daycare will be non - recurrent and discontinuous. Table 5. Parking Analysis Proposed Land Parking Demand Use References Requirement Spaces 5 spaces plus one per employee or 1 4 City of Sunny Isles Beach space per 400 square feet of GFA, to Land Development Regulations whichever is greater 20 Day Care Center ITE Parking Generation Manual (3rd Eddition) a. 0.24 spaces per student. a. 6 a. Land Use Code :565 (25 Students) b. 1.5 spaces per employee b. 6 b. Land Use Code: 565 (4 Employees) c. 3.5 spaces per 1,000 S.F. c. 6 c. Land Use Code:565 (1,633 S.F.) Other Traffic Generators: A review of the surrounding land uses within 0.5 miles includes mainly residential buildings. At the same building where the proposed Day Care Center will be located, the Young Israel of Sunny Isles (1) gather and adjacent to this building is the Winston Yacht Club Marina (2), both facilities with low traffic during weekdays. Along North Bay Road the Senator Gwen Marjorie Park (3), close to NW 1781h Street is the Pelican Community Park (4) with also very low traffic during weekdays. The K -8 Sunny Isles Community School (5) is located at NE 182nd Drive, it is noticed that the main access routes for the school are from NE 1831^ Street to NE 182nd Drive or Atlantic Blvd and exiting through NE 178'^ Street. 1400 NW 1071h Ave, Suite 209, Miami, FL 33172 Tel: 786- 456 -7700 Fax: 786- 513 -0711 Page 4 www.caltrangroup.com CALTRAN Sunny Isles Day Care Center BIGINHRING��G p Summary of Findings and Recommendations: • This analysis contemplated the most conservative scenario of trip generation forecast rates for the Day Care Center as well as applying reduction of pass by trips only to the previous bank that used to occupy 3 times the proposed store -front area. The trip generation Analysis for the proposed Day Care Center concluded the proposed Day Care Center could generated at least two times less traffic than might typically generated by the previous Drive -In Bank in the same store - front. • A level of services analysis was performed considering a conservative assumption that 70% of the day care traffic will be originated at Collins Avenue. The LOS analysis concluded that the intersection of Collins Avenue at NE 174" Street is currently operating at acceptable LOS "B" and will continue operating al the same LOS with very insignificant increase in the overall control delay that cannot be perceived by drivers after including the conservative trips estimated for the Day care Center. • A review of the parking analysis considered that if 4 to 6 parking spaces that are assigned to the daycare facility to process kids within 5 minutes will suffice to serve the expected traffic demand during drop off and pick up periods: it is- important to-mention-that for this- type offacility -arrival to the daycare will be -non- recurrent -and — discontinuous. In summary, the proposed Sunny Isles Day Care Facility would not have an adverse impact on the surrounding roadway network and /or affect other traffic generators. Engineer's Certification I, Juan S. Calderon, certifythat I currently hold an active Professional Engineers License in the State of Florida and I am competent through education and experience to provide engineering services in the civil and traffic engineering disciplines contained in this report. I further certify that this report was prepared by me or under my responsible charge as defined in Chapter 61 G15- 18.001 F.A.C. and that all statements, conclusions and recommendations made herein are true and correct to the best of my knowledge and ability. Juan S. Calderon, P.E. PTOE State of Florida Board of Professional Engineers, Professional Engineer License No. 58569 After reviewing our analysis, should you have any questions or comments, please do not hesitate to contact me at (786) 449 -5093. 1400 NW 107th Ave, Suite 209, Miami, FL 33172 Tel: 786- 456 -7700 Fax: 786- 513 -0711 Page 5 www.caltran,qroup.com Appendix Trip Generation Land Use: 565 Day Care Center Description A day care center is a facility where care for pre - school age children is provided, normally during the daytime hours. Day care facilities generally include classrooms, offices, eating areas and playgrounds. Some centers also provide after - school care for school -age children. Additional Data Peak hours of the generator — The weekday a.m. and p.m. peak hours of the generator typically coincided with the peak hours of the adjacent street traffic. Source Numbers 169, 208, 216, 253, 335, 336, 337, 355, 418, 423, 536, 550, 562, 583, 633 Trip Generation, 8th Edition 1067 Institute of Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: Employees On a: Weekday Number of Studies: 10 Avg. Number of Employees: 13 Directional Distribution: 50% entering, 50% exiting Trip Generation per Employee r= Average Rate Range of Rates Standard Deviation 28.13 12.50 - 50.43 1084 Data Plot and Equation 900 1 800 J 700 j I I N � w 600 i a 500 .. L X 400 X _ e X > X X Q 300 x X 200 - 100 0 tT—I -- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 X = Number of Employees X Actual Data Points Fitted Curve - ---- Average Rate Fitted Curve Equation: T = 25.96(X) + 29.07 R2 = 0.61 Trip Generation, 8th Edition 1068 Institute of Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: Employees On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 59 Avg. Number of Employees: 10 Directional Distribution: 53% entering, 47% exiting Trip Generation per Employee F Average Rate Range of Rates Standard Deviation 4.91 1.88 - 16.33 3.04 L)ata yior ana 50 40 130 120 110 N C w too g ~ 90 v L � 80 N m 70 m Q a 60 H 50 40 30 { 20 10 + 0 r. X X X' X X X X )f X X X X xX X X X x X X X X X, X X X x x X' X X X x X X X x X X ' x X Actual Data Points Fitted Curve Equation: Not given 10 20 X = Number of Employees X X - - - - -- Average Rate R2 = ., T Trip Generation, 8th Edition 1069 Institute of Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: Employees On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 60 Avg. Number of Employees: 11 Directional Distribution: 47% entering, 53% exiting rip Generation per Employee Average Rate Range of Rates _ Standard Deviation_ 4.79 0.69 - 14.00 3.19 300 -- i 1 m 0 200 W a f- d U L d d O ro `m to0 r XX x X x X x0 .,�K xx5c x x � xx A'Xxx x x xXX %X U i 0 10 X Actual Data Points Fitted Curve Equation: Not given 20 30 40 50 X = Number of Employees - - - - -- Average Rate R2 = .. Trip Generation, 8th Edition 1070 Institute of Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 6 Average 1000 Sq. Feet GFA: 5 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area F Average Rate Range of Rates Standard Deviation 79.26 57.17 - 126.07 21.03 vaia riot ano rquauon 500 1 N C 400 W d H U N m ro OJ Q F 300 200 i - -I 2 3 4 5 6 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve Equation: Not given -- - -- Average Rate R2 _ .,.. Trip Generation, 8th Edition 1077 Institute of Transportation Engineers X X X 200 i - -I 2 3 4 5 6 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve Equation: Not given -- - -- Average Rate R2 _ .,.. Trip Generation, 8th Edition 1077 Institute of Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 66 Average 1000 Sq. Feet GFA: 4 Directional Distribution: 53% entering, 47% exiting rip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 12.26 4.43 - 34.92 6.39 Liam i ioi ano r® 210 -� -- - - - - -- -- - - -- - -- - - - -- 200 j 90 j 180 170 160 111 tso 0 W 140 - - a i 90 i- 120 : X 110 a 100 a X XX a X II 80 X X X ~ 70 X X X X X X X 60 YX X X 50 ... X KX ; X X X .. 40 X.. X x ;.. 30 X XX-X'X -XX Xx -, X.. .. -. .. . . W X 20 "X X -X - ..... - .. ... 5C . 10 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points ------ - Average Rate Fitted Curve Equation: Not given R2 = •... Trip Generation, 8th Edition 1078 Institute of Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 67 Average 1000 Sq. Feet GFA: 4 Directional Distribution: 47% entering, 53% exiting 'trip Generation per 1000 Sq. Feet Gross Floor Area .Average Rate Range of Rates Standard Deviation 12.46 2.66 - 33.66 6.90 Data Plot and Equation 300 N C 200 W d m � U L 4) d OI N % 4 X - 100 H � XX XX XX X X•X X X X X X X - -X I X X X "X,-'X X X X X X x "x XuOC x X % X XX,X X X x X X o -t 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points - -- - -- Average Rate Fitted Curve Equation: Not given R2 = • •• Trip Generation, 8th Edition 1079 Institute of Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: Students On a: Weekday Number of Studies: 11 Average Number of Students: 85 Directional Distribution: 50 entering, 50 exiting 1 rip ueneratlon per stuaent Average Rate Range of Rates Standard Deviation 4.48 2.50 - 7.06 2.37 Data Plot and Equation Boo X 700 ., w c 600 IL a i= Ql 500 f v f j X 400 X X X X X Q X F- 300 X 200 100 - - - 0 30 40 50 60 70 80 90 100 110 120 130 140 150 160 X = Number of Students X Actual Data Points Fitted Curve - - - --- Average Hate Fitted Curve Equation: T = 4.55(X) - 5.64 R2 = 0.73 Trip Generation, 8th Edition 1086 Institute of Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: Students On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 70 Average Number of Students: 67 Directional Distribution: 53 % entering, 47% exiting rip Generation per Student _ Average Rate Range of Rates Standard Deviation 0.80 0.39 - 1.78 0.92 Lima riot ano v W a F m Z m m v a' 150 X 140 .. X 30 X 120 � 110 100 X X 90 X so X X x X 70 x Xx x . x 1 ' X X � 60 y X � - x X 1 x 50 xx# X 40 + x X 'X X. X XXx - X X 30 X x _k X), X X X .k 20 ' X x X X 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 X = Number of Students X Actual Data Points Fitted Curve ""-- Average Rate Fitted Curve Equation: T = 0.73(X) + 5.24 R2 = 0.70 Trip Generation, 8th Edition 1087 Institute of Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: Students On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 71 Average Number of Students: 69 Directional Distribution: 47% entering, 53% rip Generation per Student Average Rate Range of Rates Standard Deviation 0.82 0.24 - 1.72 0.95 uata riot ana r- v W a F- m U m m m Q 190 180 170 160 150 140 130 120 110 100 90 80 70 60 50 40 30 20 10 10 20 30 40 60 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 X = Number of Students X Actual Data Points Fitted Curve - - ---- Average Rate Fitted Curve Equation: Ln(T) = 0.87 Ln(X) + 0.32 R2 = 0.61 Trip Generation, 8th Edition 1088 Institute of Transportation Engineers x X X X X .. .. . - '.X'' X X X 'X X YX X X X... x XX '�•'' x JC X .. x.,. x x X X XX ...X. ' , X. X XX X .C.. X X % X. X . - X X x x 10 20 30 40 60 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 X = Number of Students X Actual Data Points Fitted Curve - - ---- Average Rate Fitted Curve Equation: Ln(T) = 0.87 Ln(X) + 0.32 R2 = 0.61 Trip Generation, 8th Edition 1088 Institute of Transportation Engineers Drive-in Bank (912) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 7 Average 1000 Sq. Feet GFA: 3 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 148.15 68.23 - 407.21 97.36 ulata Plot ano tquatfon 1.100 I 1,000 i 900 v 800 LI w n 700 a) U 600 O1 m 500 Q II F- 400 300 200 100 2 3 4 5 6 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points - - -- -- Average Rate Fitted Curve Equation: Not given R2 = "" Trip Generation, 8th Edition 1753 Institute of Transportation Engineers x J I x x x x x 2 3 4 5 6 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points - - -- -- Average Rate Fitted Curve Equation: Not given R2 = "" Trip Generation, 8th Edition 1753 Institute of Transportation Engineers Drive-in Bank (912) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 26 Average 1000 Sq. Feet GFA: 4 Directional Distribution: 56% entering, 44% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 12.35 -- 3.71 - 29.40 7.38 uata Riot ana 120 110 100 90 m a C W 80 a F U 70 60 d Q 50 II F 40 30 20 10 X X X X X X X X X X X X X X X 2 3 4 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve Equation: Not given X X X X X 5 a - - - -- Average Rate R2 = .. Trip Generation, 8th Edition 1754 Institute of Transportation Engineers Drive -in Dank (912) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 71 Average 1000 Sq. Feet GFA: 4 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 25.62 3.09 - 109.68 18.37 Uaia Yloi ana F-800 7 v, c 200 w a H d U N d ro `m a F 100 o' 1 x X x x x x x x x X xX X X# x x x X X X x 'x x X X X X X X x X# x X -' X x x xx X X X xx X X X x X X X X 2 3 4 6 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve Equation: Not given X 6 ------ Average Rate R2 = .... 7 Trip Generation, 8th Edition 1755 Institute of Transportation Engineers N CIL C yV C Y O C i N J d C N a Cn y 2® E cc I CL (a A N � Q Y N N m U N W � 2 E a m w m �R a y Z ¢ M C0 7 0 F za I I zr O>W <- � n N N a E E a a w U 0 0 d a N Y Y F IL J m $ � m (+i E v c n nD u V C C C E E E c c c m m m ca m m r N N � v vMi 7 N N I I I C'N] N E E E d d ri 8 8 8 v v v LO co w m rn j c c � � 7 Y Y Y CCU (tl m N N N 1 N % J J J a C6 a N M (O a C S Y O C i N (D d � X cc � uj > f0 N m U N m A Trip Generation Handbook, �xH Y �aO ma a� 0 Y a >j� 0 as Z0 wp �a O9N ow z� 'a¢ � O w� Z O Q O J N 2nd Edftior E U w 0 m v a N M I m E a 0 0 CO d w J 0 N Chf 0 m c LO I N E a O v m rn LL A (J 2 oter m c 0 D 7 E n qiJ 5 n n J b D C) 9 51 O c I M 1 E a O CV m m LL O N C 1 IT i V m C U N (L a �T m CL CL m LO a E 65 Data Collection NE 174 ST & COLLINS AVE File Name : Not Named 11 Site Code : 00000000 Start Date : 7/13/2011 Page No : 1 Groups Printed- Cars - Trucks - Turns-BlIkes "' BREAK '** 04:00 PM 0 COLLINS AVE 12 15 NE 174ST 0 0 COLLINS AVE 13 13 NE 174ST 405 0 0 460 Southbound 1 23 Westbound 69 928 Northbound 0 421 Eastbound 16 467 Start Tirne Left I Thru I Right I Peds T., Left I Thru I Right I Peds Tom Left Thru I Right I Peds ,Tom Left I Thru Ri ht Peds A .Tom Int. Tovi 07:00 AM 0 156 4 3 163 0 0 0 2 2 11 141 0 1 153 13 1 35 8 57 375 07:15 AM 0 227 8 1 236 0 0 0 13 13 19 162 0 0 181 11 0 36 5 52 482 07:30 AM 0 210 5 0 215 0 0 0 8 8 19 168 0 0 187 12 0 24 8 44 454 07:45 AM. 1 248 10 2 261 0 0 0 9 9 30 235 0 0 265 19 0 38 11 68 603 Total 1 841 27 6 875 0 0 0 32 32 79 706 0 1 786 55 1 133 32 221 1914 08:00 AM 0 249 15 5 269 0 0 0 9 9 31 204 0 0 235 43 0 55 13 111 624 08:15 AM 0 330 15 6 351 0 0 0 16 16 37 271 0 0 308 32 0 42 8 82 757 08:30 AM 0 382 13 6 401 0 0 0 19 19 36 300 0 0 336 46 0 49 12 107 863 08:45 AM 0 393 15 10 418 0 0 0 8 8 30 312 0 0 342 34 0 55 13 102 870 Total 1 0 1354 58 27 1439 0 0 0 52 52 134 1087 0 0 1221 1 155 0 201 46 4021 3114 "' BREAK '** 04:00 PM 0 359 12 15 386 0 0 0 13 13 55 405 0 0 460 29 1 23 16 69 928 04:15 PM 0 421 30 16 467 0 0 0 16 16 61 370 0 0 431 26 0 45 8 79 993 04:30 PM 0 428 27 17 472 0 0 0 17 17 54 434 0 0 488 21 0 47 9 77 1054 04:45 PM 0 420 20 10 450 0 0 0 25 25 73 459 0 0 532 18 4 34 6 62 1069 Total 1 0 1628 89 58. 17751 0 0 0 71 71 1 243 1668 0 0 1911 1 94 5 149 39 287 4044 05:00 PM 0 344 27 9 380 0 0 0 14 14 73 449 0 0 522 36 0 35 5 76 992 05:15 PM 0 533 18 11 562 0 0 0 12 12 59 454 0 0 513 18 0 31 8 57 1144 05:30 PM 0 452 29 11 492 0 0 0 17 17 48 394 0 0 442 18 0 33 14 65 1016 05:45 PM 0 435 14 12 461 0 0 0 13 13 62 379 0 0 441 25 0 21 5 51 966 Total 0 1764 88 43 1895 0 0 0 56 56 242 1676 0 0 1918 97 0 120 32 249 4118 Grand Total 1 5587 262 134 5984 0 0 0 211 211 698 5137 0 1 5836 401 6 603 149 1159 13190 Apprch % 0 93.4 4.4 2.2 0 0 0 100 12 88 0 0 34.6 0.5 52 12.9 Total % 0 42.4 2 1 45.4 0 0 0 1.6 1.6 5.3 38.9 0 0 44.2 3 0 4.6 1.1 8.8 Cars 1 5560 261 134 5956 0 0 0 211 211 685 5078 0 1 5764 396 6 594 149 1145 13076 % Cars 100 99.5 99.6 100 99.5 0 0 0 100 100 98.1 98.9 0 100 98.8 98.8 100 98.5 100 98.8 99.1 Trucks 0 27 1 0 28 0 0 0 0 0 13 59 0 0 72 5 0 9 0 14 114 % Trucks 0 0.5 0.4 0 0.5 0 0 0 0 0 1.9 1.1 0 0 1.2 1.2 0 1.5 0 1.2 0.9 u -Turns -Bikes 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 %u- Turn¢ -&kes 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 NE 174 ST & COLLINS AVE iS nmON F O -;F0 or m N Out In Total 5474 J5538 5920 17490 261 5560 1 134 1 27 0 0 0 0 0 0 262 5587 1 134 Right Thru Left Peds N 7/13/2011 07:00 AM 7/13/2011 05:45 PM Cars Trucks 1. F+ 685 5078 0 1 13 59 0 0 0 0 0 0 698 5`137 In Total File Name 6154 5764 11916 38 72 108 0 0 0 6190 5836 12026 Out In Total File Name : Not Named 11 Site Code : 00000000 Start Date : 7/13/2011 Page No 2 `0000 r '`0000 moo+ ti oo-. moom- NE 174 ST & COLLINS AVE File Name : Not Named 11 Site Code : 00000000 Start Date : 7/13/2011 Page No : 3 Peak Hour Analysis From 07:00 AM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:30 PM Int. TOfal 04:30 PM COLLINS AVE Southbound NE 174ST Westbound COLLINS AVE Northbound NE 174ST Eastbound Start Time I Left I Thru I Right I Peds .Tome I Left I Thru I Right I Peds .TO Left I Thru I Right I Peds I A .Tea I Left I Thru I Right I ads I App mai Peak Hour Analysis From 07:00 AM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:30 PM Int. TOfal 04:30 PM 0 428 27 17 472 0 0 0 17 17 54 434 0 0 4881 21 0 47 9 77 1054 04:45 PM 0 420 20 10 450 0 0 0 25 25 73 459 0 0 532 1 18 4 34 6 62 1069 05:00 PM 0 344 27 9 380 0 0 0 14 14 73 449 0 0 522 36 0 35 5 76 992 05:15 PM 0 533 18 11 562 0 0 0 12 12 59 454 0 0 513 18 0 31 8 57 1144 Total Volume 0 1725 92 47 1864 0 0 0 68 68 259 1796 0 0 2055 93 4 147 28 272 1 4259 % App. Total 0 92.5 4.9 2.5 72 0 D 0 100 2055 12.6 87.4 0 0 402 34.2 1.5 54 10.3 2.3 PHF .000 .809 .852 .691 .829 .000 .000 .000 .680 .680 1 .887 .978 .000 .000 .966 1 .646 .250 .782 .778 .683 1 .931 Peak Hour Analysis From 07:00 AM to 05:45 PM -Peak 1 of 1 Peak Hour for Fanh Annmarh Ranina at 05:W PM 04:15 PM 0.1:30 PM 0800 AM +0 mins.. '0 -344 27 9 380 -0-0-0-16-16- -54 -434 0 0 488 - - 43 0---i5 3 111 +15 mins. 0 533 18 11 562 0 0 0 17 17 73 459 0 0 532 32 0 42 8 82 +30 mins. 0 452 29 11 492 0 0 0 25 25 73 449 0 0 522 46 0 49 12 107 +45 mins. 0 435 14 12 461 0 0 0 14 14 59 454 0 0 513 34 0 55 13 102 Total Volume 0 1764 88 43 1895 0 0 0 72 72 259 1796 0 0 2055 155 0 201 46 402 % ADo. Total 0 93.1 4.6 2.3 0 0 0 100 12.6 87.4 0 0 38.6 0 50 11.4 PHF .000 .827 .759 .896 .843 .000 .000 .000 .720 .720 .887 .978 .000 .000 .966 .842 .000 .914 .885 .905 Signal Timing !1 �1 t i, V -. I J4N � D I '!�� • ' GN —Q ltl. f t ry I N N i alo io io T LO �1LW v 1� �.MW _ iONN \ �I i� -- a t b 103A0Yt3tl 39 01t 310d 1VN015 151x3 s .................. ............ ... 1....-. -. �'-�. -•rro .s ............ ' a r woo m MW • u 3 1 Z � i 1 � `�./ W r 1 i I I � i' ICI 1� �I 1 14 a; r � 1 Ns� I'1'7 mM i 2 i' iC = VC a; r Ns� I'1'7 mN o � t j� n • 1 s , ' i • I 1 i . =1 ' 1 2 i' iC = VC a; Ns� I'1'7 o � t j� li. E Q E o IL .0 g a a a C N Q d` Y c � W V q Q R `a a a n Q �/1 V C O U 0 00 `O � ¢ o M = R z l m 0 a � ° Q) ax ° 0 a a L O 4] 0 F � 0 ti v, x w ° a r o_ ¢ N C a.� O � M m M N F- 0. u � O N Q M Ox. m a N 3 O C A 0 u 2 d N w 3 0 � N N N IL a a a d m d U) fn fn fn fn N LL LL LL LL LL LL LL F- F� 3� 3: 3: 3 3� F F F F- a N N L N O 0 a m o 0 0 0 0 0 0 0 0 0 0 0 u E o 0 o M M o 0 0 0 0 0 0 X N Y � d m X X X X W W + Q. L N N M M 6. M W d C C C C a Q W G N t0 l0 t0 2 Z p d m m m m LLa m m m mww pw,¢ c caaL(L(L >« � R , N Y LL y L � r O r O � N d c O F O N c r LL a Q c F- D c •- O d c ° £ LL F- §8 E y J 1- o Vl Y LL L 3 r 0 c LL y LL F- D d a � c � o p E � ° C � d E S a v a d m 0 0 a e v v O 2 N `o N 01 a Level of Service Future Condition PM 3: Int Movement -' -,* -, T 1 EBL EBR NBL NBT SBT SBR 5/13/2010 Lane Configurations ►j r ) TTt W Intersection Capacity Utilization Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 1.00 1.00 0.91 0.91 Frpb, ped /bikes 1.00 0.99 1.00 1.00 0.99 Flpb, ped /bikes 1.00 1.00 1.00 1.00 1.00 Frt 1.00 0.85 1.00 1.00 0.99 Flt Protected 0.95 1.00 0.95 1.00 1.00 Satd. Flow (prot) 1770 1572 1770 5085 5002 Flt Permitted 0.95 1.00 0.07 1.00 1.00 Satd. Flow (perm) 1770 1572 125 5085 5002 Volume (vph) 98 155 267 1796 1725 95 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 Growth Factor (vph) 104% 104% 104% 104% 104% 104% Adj. Flow (vph) 111 175 302 2030 1950 107 RTOR Reduction (vph) 0 21 0 0 4 0 Lane Group Flow (vph) 111 154 302 2030 2053 0 Confl. Peds. ( # /hr) 32 1 6 32 Turn Type pm +ov pm +pt Protected Phases 4 5 5 2 6 Permitted Phases 4 2 Actuated Green, G (s) 12.1 25.6 126.9 126.9 108.9 Effective Green, g (s) 13.2 27.2 128.0 128.0 110.0 Actuated g/C Ratio 0.09 0.18 0.86 0.86 0.74 Clearance Time (s) 5.1 4.5 4.5 5.1 5.1 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 157 329 262 4362 3688 v/s Ratio Prot c0.06 0.04 c0.11 0.40 0.41 v/s Ratio Perm 0.05 c0.88 v/c Ratio 0.71 0.47 1.15 0.47 0.56 Uniform Delay, d1 66.1 54.5 41.7 2.5 8.7 Progression Factor 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 13.5 1.1 103.2 0.4 0.6 Delay (s) 79.7 55.6 145.0 2.9 9.3 Level of Service E E F A A Approach Delay (s) 64.9 21.3 9.3 Approach LOS E C A Intersection Summary HCM Average Control Delay 18.7 HCM Level of Service B HCM Volume to Capacity ratio 1.10 Actuated Cycle Length (s) 149.2 Sum of lost time (s) 8.0 Intersection Capacity Utilization 68.3% ICU Level of Service C Analysis Period (min) 15 c Critical Lane Group Baseline Synchro 6 Report Page 1 Existing Condition PM 5/13/2010 3: Int -,* .6\ f 1 Movement EBL EBR NBL NBT SBT SBR Lane Configurations ►j r ) ttt M, Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 Lane Util. Factor 1.00 1.00 1.00 0.91 0.91 Frpb, ped /bikes 1.00 0.99 1.00 1.00 0.99 Flpb, ped /bikes 1.00 1.00 1.00 1.00 1.00 Frt 1.00 0.85 1.00 1.00 0.99 Flt Protected 0.95 1.00 0.95 1.00 1.00 Satd. Flow (prot) 1770 1572 1770 5085 5004 Flt Permitted 0.95 1.00 0.07 1.00 1.00 Satd. Flow (perm) 1770 1572 126 5085 5004 Volume (vph) 93 147 259 1796 1725 92 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 Growth Factor (vph) 104% 104% 104% 104% 104% 104% Adj. Flow (vph) 105 166 293 2030 1950 104 RTOR Reduction (vph) 0 21 0 0 4 0 Lane Group Flow (vph) 105 145 293 2030 2050 0 Confl. Peds. ( # /hr) 32 1 6 32 Turn Type pm +ov pm +pt Protected Phases 4 5 5 2 6 Permitted Phases 4 2 Actuated Green, G (s) 11.9 25.4 126.9 126.9 108.9 Effective Green, g (s) 13.0 27.0 128.0 128.0 110.0 Actuated g/C Ratio 0.09 0.18 0.86 0.86 0.74 Clearance Time (s) 5.1 4.5 4.5 5.1 5.1 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 154 327 263 4368 3694 v/s Ratio Prot c0.06 0.04 c0.10 0.40 0.41 v/s Ratio Perm 0.05 c0.86 v/c Ratio 0.68 0.44 1.11 0.46 0.56 Uniform Delay, d1 66.0 54.3 41.6 2.5 8.6 Progression Factor 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 11.8 1.0 89.6 0.4 0.6 Delay (s) 77.8 55.3 131.2 2.8 9.3 Level of Service E E F A A Approach Delay (s) 64.0 19.0 9.3 Approach LOS E B A Intersection Summary - HCM Average Control Delay 17.3 HCM Level of Service B HCM Volume to Capacity ratio 1.06 Actuated Cycle Length (s) 149.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 67.5% ICU Level of Service C Analysis Period (min) 15 c Critical Lane Group Baseline Synchro 6 Report Page 1 Queuing Analysis 3 3 / \ { !! \ „ �}! a9 ® /©eRgGgCRRRRRRRR a# g /RRR#RRggg /RGG#R # 7 / / �.� aaea«a� Preview Page 1 of 1 PC � FICA, 914 a or spa �. City of Sunny Isles Beach 15070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Alan J. Cohen, City Manager DATE: 3/15/2012 MA Sunny Isles Kids' Club 17395 North Bay Road # 102 Appl. No. Z2012 -04 RECOMMENDATION: The application is generally consistent with the City Comprehensive Plan and with the City Land Development Regulations. REASONS: The Applicant is requesting a conditional use approval and a variance to increase the number of children for a child -care center from six (6) children to twenty five (25) children. The Winston Towers Shopping Plaza has provided services throughout the years to residents of Winston Towers and the larger community. The business uses are retail and other services and were established through the recorded Declaration of Covenant dated December 18, 1979. The Applicant has been operating at the subject property as a daycare facility with a limitation of six children. In addition, the Florida Legislature has recognized the need for quality child care due to the fact that many parents of young children are employed outside the home, § 402.26 FL Statute. Moreover, the Property Owner has agreed to provide a Declaration of Restriction to limit the daycare facility uses and further expansions, and provide priority to Winston Towers residents. http: / /sibagenda. sibfl.net /agendalPreview. aspx ?1tem1D= 747 &MeetingID= O &MeetingDate =... 3/9/2012 This instrument was prepared by: Stanley B. Price, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 -3456 i unii mu inu iim lull mil uui un mi CFN 2012RO234;B21 OR 8k 28057 F9s 4560 - 4563; (49s) RECORDED 04/03/2012 12120:19 HARVEY RUVINr CLERK OF COURT MIAMI -DADE COUNTYr FLORIDA (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 exclusive 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 291031 1.1 7957936929 32b 1211 39AN 28- 12 12-10:48 M4 MIAMI 2988273.1- 793 %91 3 9 2 9 3/28/12 11:40 AM 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, includingjoinders 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 291031 1.1 7957936929 2 3/ ^_8 %1' 11 :39 A A'13/2942- 10:2 1M- 1I&1- 21108 -NM MIAMI 298827.1—.1-7-957936929 3/28/12 11:40 AM 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) Recordation 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 2910311.1 7957936929 3 3128f12 1 1:39 AM3 28x1.2 -10 2a 4413.2x: +24N). t9 A,,I MIAMI 298927T 1 7-"5 -916929 3/28/12 11:40 AM beclaration of Restrictions Page 4 Witnesses: Print Name: &\, "s Print Name: STATE OF FLORIDA COUNTY OF MIAMI -DADE OR BK 28057 PG 4563 1—AST PAGE. BY: PRINCE OF SUNNY ISLES, LLC, a Florida limited liability company Print Name: �•CS t ��b Title: ( V-�N.0� Sworn to and subscribed before me this Qc day of M a 2012. The foregoing instrument was acknowledged before me �eArl o it who has produced as identification and /or is personally known dine and who did /did not take an oath. Notar 'c Print Name: 11"L-17_19 G lhiiGl My Commission Expires: t z 6, '_'2p I j' Serial No. (None, if blank): •�...• NETTA GIDALI pv a �: tary Public - Slate of Florida • ; ; • E My Comm. Expires Jan 26, 2015 =,� Commisslon # EE 59047 '^ ° Bonded Through National Notary Assn. MIAMI 2910311.1 795 793 6929 MIAMI 2988273. 12 10-25 3/28/12 11:40 AM