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HomeMy WebLinkAboutSubmittal-1HARRY F ROBINSON 22505W!&THAV. MIAMI FLORIDA 33145 5/24/05 TO: MS. CINDY STUART FROM: HARRY ROBINSON SUBMITTED INTO Th: PUBLIC RECORD FC' ITEM vz.aq ON 5-44,-65 RE: PZ-29 / 5/26/05 MTG.-PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA FOLLOWING ARE OUR MUTUALLY AGREED TO CONDITIONS, [IN SUMMARY FORM] THAT 1 WILL PRESENT AND SUBMIT TO THE CITY COUNCIL THIS THURSDAY. PLEASE LET ME KNOW BEFORE THE HEARING IF YOU HAVE ANY DISAGREEMENTS, SO THEY CAN BE RESOLVED. SITE PLAN 1.- ADD FOUR TREES NEAR NORTH PROPERTY LINE. 2.- CORRECT NORTH PROPERTY LINE CBS WALL TO "SIX FEET HIGH FINISHED". 3.- OMIT "ADDITIONAL PLAYGROUND". 4.- PLAYGROUND ENCLOSURE WALL TO BE 5 FT. CBS. 5.- "SIGN" TO BE ONE, AND NO HIGHER THAN SIX FEET ABOVE FIN. GRADE. OPERATIONS 1.- CONFORM TO ALL APPLICABLE CODES WITHOUT VARIANCES 2.- LIMIT OUTSIDE PLAY TO NO MORE THAN 20 CHILDREN AT A TIME IN THE DESIGNATED PLAYGROUND AREA ONLY. ,L OO L�'�► 3.- LIMIT OPERATING HOURS FROM 7:RrAM TO 6:30 PM MON. THRU FRI.; 52 WEEKS PER YEAR. 4.- PROVIDE A LEGAL RECORDED COVENANT THAT RUNS WITH THE LAND THAT REQUIRES ANY OWNER INCLUDING YOURSELF, THAT OPERATES A CHILD DAYCARE BUSINESS ON THE PROPERTY, TO COMPLY WITH THE AGREED TO CONDITIONS, FOR AS LONG MY SELF OR MY HEIRS OWN THE ADJACENT PROPERTY TO THE NORTH, OR UNLESS NEGOTIATED OTHERWISE. MY UNDERSTANDING FROM THE CITY IS THAT IF THE COUNCIL APPROVES THE PROJECT WITH MY CONDITIONS AND THE CITY CONDITIONS, YOU MAY THEN PROCEED WITH YOUR DRAWINGS, BUT ISSUANCE OF A BUILDING PERMIT WILL BE CONTINGENT UPON YOUR COMPLIANCE WITH ALL OF THE CONDITIONS, INCLUDING THE PRESENTATION OF A RECORDED COVENANT TO THE CITY. THANK YOU! C. CITY OF MIAMI PLANNING AND ZONING [ROBERTO LAVERNIA] irk. 0 5_ 0 - Ly-c. -7/4_ r HARRY F ROBINSON 2250 SW !& TH AV. MIAMI FLORIDA 33145 5/17/05 TO: MS. CINDY STUART/ PROPERTY OWNER - 2280 SW 17 TH AV MIAMI FL. 33145 / OFF. CHILD DAYCARE BUSINESS FROM: HARRY ROBINSON/ PROPERTY OWNER - 2250 SW 17 TH AV MIAMI FL. 33145 / ADJACENT PROPERTY OWNE RE: PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA REGARDING OUR DISCUSSION TODAY I WILL AGREE TO SUPPORT YOUR CHILD DAYCARE PROJECT AT THE UPCOMING CITY COMMISSION MEETING AND WILL WITHDRAW MY APPEAL, BASED ON YOUR AGREEMENT TO PROVIDE THE FOLLOWING: CHANGES TO YOUR APPROVED SITE PLAN [ATTACHED AND DESCRIBED BELOW], AND YOUR AGREEMENT TO ABIDE BY CERTAIN OPERATING CONDITIONS "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS IN EFFECT AT THIS LOCATION. SITE PLAN CHANGES: 1. - PROVIDE A MINIMUM OF FOUR, 4 IN. DIA. X 12 FOOT HIGH [MIN. AT PLANTING] HARDWOOD TREES ACCEPTABLE TO THE CITY OF MIAMI LANDSCAPE CODE [NOT PALMS] ALONG THE NORTH PROPERTY LINE ADJACENT TO THE PROPOSED 6 FT CBS WALL, SEPARATING THE PROPERTIES IN QUESTION. SEE ATTACHED SITE PLAN. 2. - CORRECT SITE PLAN TO REFLECT THAT THE PROPOSED CBS WALL ADJACENT TO THE NORTH PROPERTY LINE, BE A 6 FT. HIGH WALL, AS SHOWN ON THE DETAIL, AND NOT A 5 FT. WALL AS SHOWN ON THE SITE PLAN, AND THAT ANY EXPOSED PORTION OF THE WALL, WHEN VIEWED FROM THE ADJACENT NORTH PROPERTY BE FINISHED AND PAINTED. 3. - PROVIDE A SOLID 5 FT. CBS WALL AROUND THE DESIGNATED OUTSIDE PLAYGROUND AREA, AS REQUESTED BY THE CITY OF MIAMI, FOR PROTECTION AND FOR NOISE ABATEMENT. 4. - BUSINESS SIGN WILL BE LIMITED TO [l] FACING 17 TH AV. AND WILL NOT BE HIGHER THAN 6 FT ABOVE THE FINISHED GRADE OF THE PROPERTY AND WILL BE LIMITED TO THE NAME OF THE BUSINESS ONLY. OPERATING CONDITIONS: 1- ABIDE BY ALL CITY OF MIAMI ZONING AS WELL AS OTHER STATE AND LOCAL CODE REQUIREMENTS FOR THE OPERATION OF A CHILD DAYCARE CENTER LOCATED IN AN R-1 ZONE, WITH OUT VARIANCES, AS DESCRIBED IN THE ZONING CODE FOR SPECIAL EXCEPTION APPROVAL. 2.- PROVIDE FOR AND AGREE TO, "FOR ALL TIME" THAT THE CHILD DAYCARE BUSINESS IS OPERATED, THAT THE OUTSIDE PLAY TIME WILL BE LIMITED TO NO MORE THAN 20 CHILDREN AT ANY ONE TIME, AND THAT THE OUTSIDE PLAY WILL BE LIMITED TO THE AREA DESIGNATED AS "PLAYGROUND -1230 SF", SHOWN ON THE SITE PLAN AND THAT THE AREA DESIGNA I'ED AS "ADDITIONAL PLAYGROUND" WILL BE REMOVED AND NOT USED FOR OUTSIDE PLAY. 3. - AGREE TO LIMIT THE CHILD DAYCARE OPERATING HOURS, "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS OPERATED, TO NO EARLIER THAN 7 AM FOR DROP OFF AND NO LATER THAN 6:30 PM FOR PICKUP, MONDAY THRU FRIDAY, 52 WEEKS PER YEAR. 4. - PROVIDE FOR, AND AGREE THAT IN THE EVENT THAT THE PROPERTY IS SOLD FOR USE AS A CHILD DAYCARE BUSINESS, THAT AS PART OF THE OPERATION OF SAID BUSINESS, THAT THE NEW OWNER MUST COMPLY WITH THE CONDITIONS HEREIN UNLESS FURTHER NEGOTIATED WITH MYSELF OR MY HEIRS AS LONG AS EITHER CONTINUES TO OWN THE PROPERTY TO THE NORTH OF THE SUBJECT PROPERTY, THAT IS 2250 SW 17 TH AV.. 5.- OBTAIN IN WRITING FROM THE CITY OF MIAMI, A FURTHER CONDITION OF THE SPECIAL EXCEPTION, THAT IF THE PROPERTY IS SOLD, THAT THE FUTURE USE OF THE PROPERTY AS A CHILD DAYCARE CENTER IS FOREVER AND ALWAYS SUBJECT TO ALL OF THE FORGOING CONDITIONS IN THIS AGREEMENT. FURTHER A LEGAL COVENANT WILL BE PREPARED, RUNNING WITH THE LAND, ESTABLISHING THAT THE FOREGOING CHILD DAY CARE OPERATING CONDITIONS, WILL BE FOREVER AND ALWAYS BE A CONDITION OF OPERATING A CHILD CARE BUSINESS ON THE SUBJECT PROPERTY. AGREED TO THIS DAY BY' W/ATT./ SITE PLAN NOTED AND DATED 5/17/05 P. 1 OF 1 YCARE BUSINESS OFFICIAL REP. DATE Submitted Into the public record in connection with item TZ 46A on 5 .lo-OS Priscilla A. Thompson City Clerk CITY OF MIAMI OFFICE OF HEARING 6 PLANS REVIEW HARRY F ROBINSON 2250 SW !& TH AV. MIAMI FLORIDA 33145 5/24/05 TO: MS. CINDY STUART FROM: HARRY ROBINSON Submitted Into the public record in connection with item PZ-)-61 on rbujxlos- Priscilla A. Thompson City Clerk RE: PZ-29 / 5/26/05 MTG.-PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA FOLLOWING ARE OUR MUTUALLY AGREED TO CONDITIONS, [IN SUMMARY FORM! THAT I WILL PRESENT AND SUBMIT TO THE CITY COUNCIL THIS THURSDAY. PLEASE LET ME KNOW BEFORE THE HEARING IF YOU HAVE ANY DISAGREEMENTS, SO THEY CAN BE RESOLVED. SITE PLAN 1.- ADD FOUR TREES NEAR NORTH PROPERTY LINE. 2.- CORRECT NORTH PROPERTY LINE CBS WALL TO "SIX FEET HIGH FINISHED". 3.- OMIT "ADDITIONAL PLAYGROUND". 4.- PLAYGROUND ENCLOSURE WALL TO BE 5 FT. CBS. 5.- "SIGN" TO BE ONE, AND NO HIGHER THAN SIX FEET ABOVE FIN. GRADE. OPERATIONS 1.- CONFORM TO ALL APPLICABLE CODES WITHOUT VARIANCES 2.- LIMIT OUTSIDE PLAY TO NO MORE THAN 20 CHILDREN AT A TIME IN THE DESIGNATED PLAYGROUND AREA ONLY. �. 00 3.- LIMIT OPERATING HOURS FROM 7:0"AM TO 6:30 PM MON. THRU FRI.; 52 WEEKS PER YEAR. 4.- PROVIDE A LEGAL RECORDED COVENANT THAT RUNS WITH THE LAND THAT REQUIRES ANY OWNER INCLUDING YOURSELF, THAT OPERA IES A CHILD DAYCARE BUSINESS ON THE PROPERTY, TO COMPLY WITH THE AGREED TO CONDITIONS, FOR AS LONG MY SELF OR MY HEIRS OWN THE ADJACENT PROPERTY TO THE NORTH, OR UNLESS NEGOTIATED OTHERWISE. MY UNDERSTANDING FROM THE CITY IS THAT IF THE COUNCIL APPROVES THE PROJECT WITH MY CONDITIONS AND THE CITY CONDITIONS, YOU MAY THEN PROCEED WITH YOUR DRAWINGS, BUT ISSUANCE OF A BUILDING PERMIT WILL BE CONTINGENT UPON YOUR COMPLIANCE WITH ALL OF THE CONDITIONS, INCLUDING THE PRESENTATION OF A RECORDED COVENANT TO THE CITY. THANK YOU! C. CITY OF MIAMI PLANNING AND ZONING [ROBERTO LAVERNIA] HARRY F ROBINSON 2250 SW !& TH AV. MIAMI FLORIDA 33145 5/17/05 Submitted Into the public record in connection with item Pz-2- on 5-24-DS Priscilla A. Thompson City Clerk TO: MS. CINDY STUART/ PROPERTY OWNER - 2280 SW 17 TH AV MIAMI FL. 33145 / OFF. CHILD DAYCARE BUSINESS FROM: HARRY ROBINSON/ PROPERTY OWNER - 2250 SW 17 TH AV MIAMI FL. 33145 / ADJACENT PROPERTY OWN RE: PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA REGARDING OUR DISCUSSION TODAY I WILL AGREE TO SUPPORT YOUR CHILD DAYCARE PROJECT AT THE UPCOMING CITY COMMISSION MEETING AND WILL WITHDRAW MY APPEAL, BASED ON YOUR AGREEMENT TO PROVIDE THE FOLLOWING: CHANGES TO YOUR APPROVED SITE PLAN [ATTACHED AND DESCRIBED BELOW], AND YOUR AGREEMENT TO ABIDE BY CERTAIN OPERATING CONDITIONS "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS IN EFFECT AT THIS LOCATION. SITE PLAN CHANGES: 1. - PROVIDE A MINIMUM OF FOUR, 4 IN. DIA. X 12 FOOT HIGH [MIN. AT PLANTING] HARDWOOD TREES ACCEPTABLE TO THE CITY OF MIAMI LANDSCAPE CODE [NOT PALMS] ALONG THE NORTH PROPERTY LINE ADJACENT TO THE PROPOSED 6 FT CBS WALL, SEPARATING THE PROPERTIES IN QUESTION. SEE ATTACHED SITE PLAN. 2. - CORRECT SITE PLAN TO REFLECT THAT THE PROPOSED CBS WALL ADJACENT TO THE NORTH PROPERTY LINE, BE A 6 FT. HIGH WALL, AS SHOWN ON THE DETAIL, AND NOT A 5 FT. WALL AS SHOWN ON THE SITE PLAN, AND THAT ANY EXPOSED PORTION OF THE WALL, WHEN VIEWED FROM THE ADJACENT NORTH PROPERTY BE FINISHED AND PAINTED. 3. - PROVIDE A SOLID 5 FT. CBS WALL AROUND THE DESIGNATED OUTSIDE PLAYGROUND AREA, AS REQUESTED BY THE CITY OF MIAMI, FOR PROTECTION AND FOR NOISE ABATEMENT. 4. - BUSINESS SIGN WILL BE LIMITED TO [1] FACING 17 TH AV. AND WILL NOT BE HIGHER THAN 6 FT ABOVE THE FINISHED GRADE OF THE PROPERTY AND WILL BE LIMITED TO THE NAME OF THE BUSINESS ONLY. OPERATING CONDITIONS: 1- ABIDE BY ALL CITY OF MIAMI ZONING AS WELL AS OTHER STATE AND LOCAL CODE REQUIREMENTS FOR THE OPERATION OF A CHILD DAYCARE CENTER LOCATED IN AN R-1 ZONE, WITH OUT VARIANCES, AS DESCRIBED IN THE ZONING CODE FOR SPECIAL EXCEPTION APPROVAL. 2.- PROVIDE FOR AND AGREE TO, "FOR ALL TIME" THAT THE CHILD DAYCARE BUSINESS IS OPERATED, THAT THE OUTSIDE PLAY TIME WILL BE LIMITED TO NO MORE THAN 20 CHILDREN AT ANY ONE TIME, AND THAT THE OUTSIDE PLAY WILL BE LIMITED TO THE AREA DESIGNATED AS "PLAYGROUND -1230 SF", SHOWN ON THE SITE PLAN AND THAT THE AREA DESIGNATED AS "ADDITIONAL PLAYGROUND" WILL BE REMOVED AND NOT USED FOR OUTSIDE PLAY. 3. - AGREE TO LIMIT THE CHILD DAYCARE OPERATING HOURS, "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS OPERATED, TO NO EARLIER THAN 7 AM FOR DROP OFF AND NO LATER THAN 6:30 PM FOR PICKUP, MONDAY THRU FRIDAY, 52 WEEKS PER YEAR. 4. - PROVIDE FOR, AND AGREE THAT IN THE EVENT THAT THE PROPERTY IS SOLD FOR USE AS A CHILD DAYCARE BUSINESS, THAT AS PART OF THE OPERATION OF SAID BUSINESS, THAT THE NEW OWNER MUST COMPLY WITH THE CONDITIONS HEREIN UNLESS FURTHER NEGOTIATED WITH MYSELF OR MY HEIRS AS LONG AS EITHER CONTINUES TO OWN THE PROPERTY TO THE NORTH OF THE SUBJECT PROPERTY, THAT IS 2250 SW 17 TH AV.. 5.- OBTAIN IN WRITING FROM THE CITY OF MIAMI, A FURTHER CONDITION OF THE SPECIAL EXCEPTION, THAT IF THE PROPERTY IS SOLD, THAT THE FUTURE USE OF THE PROPERTY AS A CHILD DAYCARE CENTER IS FOREVER AND ALWAYS SUBJECT TO ALL OF THE FORGOING CONDITIONS EN THIS AGREEMENT. FURTHER A LEGAL COVENANT WILL BE PREPARED, RUNNING WITH THE LAND, ESTABLISHING THAT THE FOREGOING CHILD DAY CARE OPERATING CONDITIONS, WILL BE FOREVER AND ALWAYS BE A CONDITION OF OPERATING A CHILD CARE BUSINESS ON THE SUBJECT PROPERTY. AGREED TO THIS DAY BY - MS. C NOTARY PUBLIC ` ni-nink/0 Beni-nin OVO'dERwY28di SWNbfBi rll StRdeCdlfl taDAYCARE BUSINESS OFFICIAL REP. Roxane Ricalo My Commission DD408 Expires 0312012009 W/ATT./ SITE PLAN NOTED AND DATED 5/17/05 P. 1 OF 1 20 --<D3 DATE TO Li ),D5 C. / SEAL DATE 111101,403111.11frit DOM SR 110.111104 QA1100QA OTIPAPIAPAPILPI inomarou4 OMPIQM YONIIMAINA CINTEDI AA% LAM QAC * itted tnto t d in connec z• PA on Priscilla A. T CITY OF MIAIVI OFFICE OF HEARING B T PLANS REVIEW F'Sai tI Ahlii .•a =CAI VIZZA. =11E =1 re- HARRY F ROBINSON 2250 SW !& TH AV. MIAMI FLORIDA 33145 5/24/05 TO: MS. CINDY STUART FROM: HARRY ROBINSON Submitted Into the public record in connection with item P on (as Priscilla A. Thompson City Clerk RE: PZ-29 / 5/26/05 MTG.-PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA FOLLOWING ARE OUR MUTUALLY AGREED TO CONDITIONS, [IN SUMMARY FORM] THAT I WILL PRESENT AND SUBMIT TO THE CITY COUNCIL THIS THURSDAY. PLEASE LET ME KNOW BEFORE THE HEARING IF YOU HAVE ANY DISAGREEMENTS, SO THEY CAN BE RESOLVED. SITE PLAN 1.- ADD FOUR TREES NEAR NORTH PROPERTY LINE. 2.- CORRECT NORTH PROPERTY LINE CBS WALL TO "SD( FEET HIGH FINISHED". 3.- OMIT "ADDITIONAL PLAYGROUND". 4.- PLAYGROUND ENCLOSURE WALL TO BE 5 FT. CBS. 5 - "SIGN" TO BE ONE, AND NO HIGHER THAN SIX FEET ABOVE FIN. GRADE. OPERATIONS 1.- CONFORM TO ALL APPLICABLE CODES WITHOUT VARIANCES 2.- LIMIT OUTSIDE PLAY TO NO MORE THAN 20 CHILDREN AT A TIME IN THE DESIGNA TED PLAYGROUND AREA ONLY. 00 L{'. 3.- LIMIT OPERATING HOURS FROM 7:3AM TO 6:30 PM MON. THRU FRI.; 52 WEEKS PER YEAR. 4.- PROVIDE A LEGAL RECORDED COVENANT THAT RUNS WITH THE LAND THAT REQUIRES ANY OWNER INCLUDING YOURSELF, THAT OPERATES A CHILD DAYCARE BUSINESS ON THE PROPERTY, TO COMPLY WITH THE AGREED TO CONDITIONS, FOR AS LONG MY SELF OR MY HEIRS OWN THE ADJACENT PROPERTY TO THE NORTH, OR UNLESS NEGOTIATED OTHERWISE. MY UNDERSTANDING FROM THE CITY IS THAT IF THE COUNCIL APPROVES THE PROJECT WITH MY CONDITIONS AND THE CITY CONDITIONS, YOU MAY THEN PROCEED WITH YOUR DRAWINGS, BUT ISSUANCE OF A BUILDING PERMIT WILL BE CONTINGENT UPON YOUR COMPLIANCE WITH ALL OF THE CONDITIONS, INCLUDING THE PRESENTATION OF A RECORDED COVENANT TO THE CITY. THANK YOU! C. CITY OF MIAMI PLANNING AND ZONING [ROBERTO LAVERNIA] HARRY F ROBINSON 2250 SW I& TH AV. MIAMI FLORIDA 33145 Submitted Into the public record in connection with item ? Z • aq on sla4 los Priscilla A. Thompson City clerk 5/17/05 TO: MS. CINDY STUART/ PROPERTY OWNER - 2280 SW 17 TH AV MIAMI FL. 33145 / OFF. CHILD DAYCARE BUSINESS FROM: HARRY ROBINSON/ PROPERTY OWNER - 2250 SW 17 TH AV MIAMI FL. 33145 / ADJACENT PROPERTY OWN RE: PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA REGARDING OUR DISCUSSION TODAY I WILL AGREE TO SUPPORT YOUR CHILD DAYCARE PROJECT AT THE UPCOMING CITY COMMISSION MEETING AND WILL WITHDRAW MY APPEAL, BASED ON YOUR AGREEMENT TO PROVIDE THE FOLLOWING: CHANGES TO YOUR APPROVED SITE PLAN [ATTACHED AND DESCRIBED BELOW], AND YOUR AGREEMENT TO ABIDE BY CERTAIN OPERATING CONDITIONS "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS IN EFFECT AT THIS LOCATION. SITE PLAN CHANGES: 1. - PROVIDE A MINIMUM OF FOUR, 4 IN. DIA. X 12 FOOT HIGH [MIN. AT PLANTING] HARDWOOD TREES ACCEPTABLE TO THE CITY OF MIAMI LANDSCAPE CODE [NOT PALMS] ALONG THE NORTH PROPERTY LINE ADJACENT TO THE PROPOSED 6 FT CBS WALL, SEPARATING THE PROPERTIES IN QUESTION. SEE ATTACHED SITE PLAN. 2. - CORRECT SITE PLAN TO REFLECT THAT THE PROPOSED CBS WALL ADJACENT TO THE NORTH PROPERTY LINE, BE A 6 FT, HIGH WALL, AS SHOWN ON THE DETAIL, AND NOT A 5 FT. WALL AS SHOWN ON THE SITE PLAN, AND THAT ANY EXPOSED PORTION OF THE WALL, WHEN VIEWED FROM THE ADJACENT NORTH PROPERTY BE FINISHED AND PAINTED. 3. - PROVIDE A SOLID 5 FT. CBS WALL AROUND THE DESIGNATED OUTSIDE PLAYGROUND AREA, AS REQUESTED BY THE CITY OF MIAMI, FOR PROTECTION AND FOR NOISE ABATEMENT. 4. - BUSINESS SIGN WILL BE LIMITED TO [1] FACING 17 TH AV. AND WILL NOT BE HIGHER THAN 6 FT ABOVE THE FINISHED GRADE OF THE PROPERTY AND WILL BE LIMITED TO THE NAME OF THE BUSINESS ONLY. OPERATING CONDITIONS: 1- ABIDE BY ALL CITY OF MIAMI ZONING AS WELL AS OTHER STATE AND LOCAL CODE REQUIREMENTS FOR THE OPERATION OF A CHILD DAYCARE CENTER LOCATED IN AN R-I ZONE, WITH OUT VARIANCES, AS DESCRIBED IN THE ZONING CODE FOR SPECIAL EXCEPTION APPROVAL. 2.- PROVIDE FOR AND AGREE TO, "FOR ALL TIME" THAT THE CHILD DAYCARE BUSINESS IS OPERATED, THAT THE OUTSIDE PLAY TIME WILL BE LIMITED TO NO MORE THAN 20 CHILDREN AT ANY ONE TIME, AND THAT THE OUTSIDE PLAY WILL BE LIMITED TO THE AREA DESIGNATED AS "PLAYGROUND -1230 SF", SHOWN ON THE SITE PLAN AND THAT THE AREA DESIGNATED AS "ADDITIONAL PLAYGROUND" WILL BE REMOVED AND NOT USED FOR OUTSIDE PLAY. 3. - AGREE TO LIMIT THE CHILD DAYCARE OPERATING HOURS, "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS OPERATED, TO NO EARLIER THAN 7 AM FOR DROP OFF AND NO LATER THAN 6:30 PM FOR PICKUP, MONDAY THRU FRIDAY, 52 WEEKS PER YEAR. 4. - PROVIDE FOR, AND AGREE THAT IN THE EVENT THAT THE PROPERTY IS SOLD FOR USE AS A CHILD DAYCARE BUSINESS, THAT AS PART OF THE OPERATION OF SAID BUSINESS, THAT THE NEW OWNER MUST COMPLY WITH THE CONDITIONS HEREIN UNLESS FURTHER NEGOTIATED WITH MYSELF OR MY HEIRS AS LONG AS EITHER CONTINUES TO OWN THE PROPERTY TO THE NORTH OF THE SUBJECT PROPERTY, THAT IS 2250 SW 17 TH AV.. 5.- OBTAIN IN WRITING FROM THE CITY OF MMIAMI, A FURTHER CONDITION OF THE SPECIAL EXCEPTION, THAT IF THE PROPERTY IS SOLD, THAT THE FUTURE USE OF THE PROPERTY AS A CHILD DAYCARE CENTER IS FOREVER AND ALWAYS SUBJECT TO ALL OF THE FORGOING CONDITIONS IN THIS AGREEMENT. FURTHER A LEGAL COVENANT WILL BE PREPARED, RUNNING WITH THE LAND, ESTABLISHING THAT THE FOREGOING CHILD DAY CARE OPERATING CONDITIONS, WILL BE FOREVER AND ALWAYS BE A CONDITION OF OPERATING A CHILD CARE BUSINESS ON THE SUBJECT PROPERTY. AGREED TO THIS DAY BY - MS. C NOTARY PUBLIC WATT./ SITE PLAN NOTED AND DATED 5/17/05 P. I OF I Mcni-nni nk() ') - 20 -03 YCARE BUSINESS OFFICIAL REP. DATE C./SE DATE • W WI I/0 * ad& 0 14, Maki& NAM WWII OW OWIINOW MIOOSOI41 WAWA VOWNO/64 erarogam Nag Ffiallieff LIN Oat LEGAL DESCR TION: COM ozrasszaselats, 4 ub itted Into th pubfl eco?, in connect on wit e Pz->1 on .kc, Priscilla A. Th CITY OF MIAMI OFFICE OF HEARING FLANS RESVIEW LOCATION MAP 06-112-8 8P9ZD (593 5/7/05' w� HARRY F ROBINSON 2250 SW !& TH AV. MIAMI FLORIDA 33145 5/24/05 TO: MS. CINDY STUART FROM: HARRY ROBINSON Submitted Into the public record in connection with item P z . -i on s Priscilla A. Thompson City Clerk RE: PZ-29 / 5/26/05 MTG.-PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA FOLLOWING ARE OUR MUTUALLY AGREED TO CONDITIONS, [IN SUMMARY FORM] THAT I WILL PRESENT AND SUBMIT TO THE CITY COUNCIL THIS THURSDAY. PLEASE LET ME KNOW BEFORE THE HEARING IF YOU HAVE ANY DISAGREEMENTS, SO THEY CAN BE RESOLVED. SITE PLAN 1.- ADD FOUR TREES NEAR NORTH PROPERTY LINE. 2.- CORRECT NORTH PROPERTY LINE CBS WALL TO "SIX FEET HIGH FINISHED". 3.- OMIT "ADDITIONAL PLAYGROUND". 4.- PLAYGROUND ENCLOSURE WALL TO BE 5 FT. CBS. 5.- "SIGN" TO BE ONE, AND NO HIGHER THAN SIX FEET ABOVE FIN. GRADE. OPERATIONS 1.- CONFORM TO ALL APPLICABLE CODES WITHOUT VARIANCES 2.- LIMIT OUTSIDE PLAY TO NO MORE THAN 20 CHILDREN AT A TIME IN THE DESIGNATED PLAYGROUND AREA ONLY. 00 L % 3.- LIMIT OPERATING HOURS FROM 7:34'AM TO 6:30 PM MON. THRU FRI.; 52 WEEKS PER YEAR. 4.- PROVIDE A LEGAL RECORDED COVENANT THAT RUNS WITH THE LAND THAT REQUIRES ANY OWNER INCLUDING YOURSELF, THAT OPERATES A CHILD DAYCARE BUSINESS ON THE PROPERTY, TO COMPLY WITH THE AGREED TO CONDITIONS, FOR AS LONG MY SELF OR MY HEIRS OWN THE ADJACENT PROPERTY TO THE NORTH, OR UNLESS NEGOTIATED OTHERWISE. MY UNDERSTANDING FROM THE CITY IS THAT IF THE COUNCIL APPROVES THE PROJECT WITH MY CONDITIONS AND THE CITY CONDITIONS, YOU MAY THEN PROCEED WITH YOUR DRAWINGS, BUT ISSUANCE OF A BUILDING PERMIT WILL BE CONTINGENT UPON YOUR COMPLIANCE WITH ALL OF THE CONDITIONS, INCLUDING THE PRESENTATION OF A RECORDED COVENANT TO THE CITY. THANK YOU! C. CITY OF MIAMI PLANNING AND ZONING [ROBERTO LAVERNIA] HARRY F ROBINSON 2250 SW !& TH AV. MIAMI FLORIDA 33145 Submitted Into the public record in connection with item Pi•a•1 on 5-.-os Priscilla A. Thompson City Clerk 5/17/05 TO: MS. CINDY STUART/ PROPERTY OWNER - 2280 SW 17 TH AV MIAMI FL. 33145 / OFF. CHILD DAYCARE BUSINESS FROM: HARRY ROBINSON/ PROPERTY OWNER - 2250 SW 17 TH AV MIAMI FL. 33145 / ADJACENT PROPERTY OWN RE: PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA REGARDING OUR DISCUSSION TODAY I WILL AGREE TO SUPPORT YOUR CHILD DAYCARE PROJECT AT THE UPCOMING CITY COMMISSION MEETING AND WILL WITHDRAW MY APPEAL, BASED ON YOUR AGREEMENT TO PROVIDE THE FOLLOWING: CHANGES TO YOUR APPROVED SITE PLAN [ATTACHED AND DESCRIBED BELOW], AND YOUR AGREEMENT TO ABIDE BY CERTAIN OPERATING CONDITIONS "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS IN EFFECT AT THIS LOCATION. SITE PLAN CHANGES: 1. - PROVIDE A MINIMUM OF FOUR, 4 IN. DIA. X 12 FOOT HIGH [MIN. AT PLANTING] HARDWOOD TREES ACCEPTABLE TO THE CITY OF MIAMI LANDSCAPE CODE [NOT PALMS] ALONG THE NORTH PROPERTY LINE ADJACENT TO THE PROPOSED 6 FT CBS WALL, SEPARATING THE PROPERTIES IN QUESTION. SEE ATTACHED SITE PLAN. 2. - CORRECT SITE PLAN TO REFLECT THAT THE PROPOSED CBS WALL ADJACENT TO THE NORTH PROPERTY LINE, BE A 6 FT. HIGH WALL, AS SHOWN ON THE DETAIL, AND NOT A 5 FT. WALL AS SHOWN ON THE SITE PLAN, AND THAT ANY EXPOSED PORTION OF THE WALL, WHEN VIEWED FROM THE ADJACENT NORTH PROPERTY BE FINISHED AND PAINTED. 3. - PROVIDE A SOLID 5 FT. CBS WALL AROUND THE DESIGNATED OUTSIDE PLAYGROUND AREA, AS REQUESTED BY THE CITY OF MIAMI, FOR PROTECTION AND FOR NOISE ABATEMENT. 4. - BUSINESS SIGN WILL BE LIMITED TO [1] FACING 17 TH AV. AND WILL NOT BE HIGHER THAN 6 FT ABOVE THE FINISHED GRADE OF THE PROPERTY AND WILL BE LIMITED TO THE NAME OF THE BUSINESS ONLY. OPERATING CONDITIONS: 1- ABIDE BY ALL CITY OF MIAMI ZONING AS WELL AS OTHER STATE AND LOCAL CODE REQUIREMENTS FOR THE OPERATION OF A CHILD DAYCARE CENTER LOCATED IN AN R-1 ZONE, WITH OUT VARIANCES, AS DESCRIBED IN THE ZONING CODE FOR SPECIAL EXCEPTION APPROVAL. 2.- PROVIDE FOR AND AGREE TO, "FOR ALL TIME" THAT THE CHILD DAYCARE BUSINESS IS OPERATED, THAT THE OUTSIDE PLAY TIME WILL BE LIMITED TO NO MORE THAN 20 CHILDREN AT ANY ONE TIME, AND THAT THE OUTSIDE PLAY WILL BE LIMITED TO THE AREA DESIGNATED AS "PLAYGROUND -1230 SF", SHOWN ON THE SITE PLAN AND THAT THE AREA DESIGNA 1'ED AS "ADDITIONAL PLAYGROUND" WILL BE REMOVED AND NOT USED FOR OUTSIDE PLAY. 3. - AGREE TO LIMIT THE CHILD DAYCARE OPERATING HOURS, "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS OPERATED, TO NO EARLIER THAN 7 AM FOR DROP OFF AND NO LATER THAN 6:30 PM FOR PICKUP, MONDAY THRU FRIDAY, 52 WEEKS PER YEAR. 4. - PROVIDE FOR, AND AGREE THAT IN THE EVENT THAT THE PROPERTY IS SOLD FOR USE AS A CHILD DAYCARE BUSINESS, THAT AS PART OF THE OPERATION OF SAID BUSINESS, THAT THE NEW OWNER MUST COMPLY WITH THE CONDITIONS HEREIN UNLESS FURTHER NEGOTIATED WITH MYSELF OR MY HEIRS AS LONG AS EITHER CONTINUES TO OWN THE PROPERTY TO THE NORTH OF THE SUBJECT PROPERTY, THAT IS 2250 SW 17 TH AV.. 5.- OBTAIN IN WRITING FROM THE CITY OF MIAMI, A FURTHER CONDITION OF THE SPECIAL EXCEPTION, THAT IF THE PROPERTY IS SOLD, THAT THE FUTURE USE OF THE PROPERTY AS A CHILD DAYCARE CENTER IS FOREVER AND ALWAYS SUBJECT TO ALL OF THE FORGOING CONDITIONS IN THIS AGREEMENT. FURTHER A LEGAL COVENANT WILL BE PREPARED, RUNNING WITH THE LAND, ESTABLISHING THAT THE FOREGOING CHILD DAY CARE OPERATING CONDITIONS, WILL BE FOREVER AND ALWAYS BE A CONDITION OF OPERATING A CHILD CARE BUSINESS ON THE SUBJECT PROPERTY. AGREED TO THIS DAY BY, MS. C NOTARY PUBLIC ;fever \rec4c M ri -nw- kc Pe-n ko 20 {.5J ER / SWNbIBtiliti,Staa24-flillaDAYCARE BUSINESS OFFICIAL REP. • Roxane Ricalo • My Commission DD408594 �i fib ExpUes 03/20/2009 C. / SEAL W/ATT./ SITE PLAN NOTED AND DATED 5/17/05 P. 1 OF 1 DATE mGy dd s DATE • PR WO 1411414. L 'SCAPING LEGEND 1107I•4611. NAME Dial IR INMIIM.114 - own* MAIM PIAMOOdeff LW OAK • LEGAL PETOM: ANNWArmwariormanatast= 4 ub itted Into t e pub rec'rd in conne tion ite Pz.>9 on 6 Priscilla A. homp ty CI CITY OF MIAMI OFFICE OF 14 FLARING 13 PLANS REVIEW NO'S 18,A7w 693 5/1 7/05 HARRY F ROBINSON 2250 SW !& TH AV. MIAMI FLORIDA 33145 5/24/05 TO: MS. CINDY STUART FROM: HARRY ROBINSON Submitted Into the public record in connection with item Pz.Xq on Iz+01os Priscilla A. Thompson City Clerk RE: PZ-29 / 5/26/05 MTG.-PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA FOLLOWING ARE OUR MUTUALLY AGREED TO CONDITIONS, [IN SUMMARY FORM] THAT I WILL PRESENT AND SUBMIT TO THE CITY COUNCIL THIS THURSDAY. PLEASE LET ME KNOW BEFORE THE HEARING IF YOU HAVE ANY DISAGREEMENTS, SO THEY CAN BE RESOLVED. SITE PLAN 1.- ADD FOUR TREES NEAR NORTH PROPERTY LINE. 2.- CORRECT NORTH PROPERTY LINE CBS WALL TO "SIX FEET HIGH FINISHED". 3.- OMIT "ADDITIONAL PLAYGROUND". 4.- PLAYGROUND ENCLOSURE WALL TO BE 5 FT. CBS. 5.- "SIGN" TO BE ONE, AND NO HIGHER THAN SIX FEET ABOVE FIN. GRADE. OPERATIONS 1.- CONFORM TO ALL APPLICABLE CODES WITHOUT VARIANCES 2.- LIMIT OUTSIDE PLAY TO NO MORE THAN 20 CHILDREN AT A TIME IN THE DESIGNATED PLAYGROUND AREA ONLY. 00 G{�. 3.- LIMIT OPERATING HOURS FROM 7:j9'AM TO 6:30 PM MON. THRU FRI.; 52 WEEKS PER YEAR. 4.- PROVIDE A LEGAL RECORDED COVENANT THAT RUNS WITH THE LAND THAT REQUIRES ANY OWNER INCLUDING YOURSELF, THAT OPERATES A CHILD DAYCARE BUSINESS ON THE PROPERTY, TO COMPLY WITH THE AGREED TO CONDITIONS, FOR AS LONG MY SELF OR MY HEIRS OWN THE ADJACENT PROPERTY TO THE NORTH, OR UNLESS NEGOTIATED OTHERWISE. MY UNDERSTANDING FROM THE CITY IS THAT IF THE COUNCIL APPROVES THE PROJECT WITH MY CONDITIONS AND THE CITY CONDITIONS, YOU MAY THEN PROCEED WITH YOUR DRAWINGS, BUT ISSUANCE OF A BUILDING PERMIT WILL BE CONTINGENT UPON YOUR COMPLIANCE WITH ALL OF THE CONDITIONS, INCLUDING THE PRESENTATION OF A RECORDED COVENANT TO THE CITY. THANK YOU! C. CITY OF MIAMI PLANNING AND ZONING [ROBERTO LAVERNIA] HARRY F ROBINSON 2250 SW !& TH AV. MIAMI FLORIDA 33145 5/17/05 Submitted Into the public record in connecti• n with item P2. ?q on r, -r 06 Priscilla A. Thompson City Clerk TO: MS. CINDY STUART/ PROPERTY OWNER - 2280 SW 17 TH AV MIAMI FL. 33145 / OFF. CHILD DAYCARE BUSINESS FROM: HARRY ROBINSON/ PROPERTY OWNER - 2250 SW 17 TH AV MIAMI FL. 33145 / ADJACENT PROPERTY OWNE RE: PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA REGARDING OUR DISCUSSION TODAY I WILL AGREE TO SUPPORT YOUR CHILD DAYCARE PROJECT AT THE UPCOMING CITY COMMISSION MEETING AND WILL WITHDRAW MY APPEAL, BASED ON YOUR AGREEMENT TO PROVIDE THE FOLLOWING: CHANGES TO YOUR APPROVED SITE PLAN [ATTACHED AND DESCRIBED BELOW], AND YOUR AGREEMENT TO ABIDE BY CERTAIN OPERATING CONDITIONS "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS IN EFFECT AT THIS LOCATION. SITE PLAN CHANGES: 1. - PROVIDE A MINIMUM OF FOUR, 4 IN. DIA. X 12 FOOT HIGH [MIN. AT PLANTING] HARDWOOD TREES ACCEPTABLE TO THE CITY OF MIAMI LANDSCAPE CODE [NOT PALMS] ALONG THE NORTH PROPERTY LINE ADJACENT TO THE PROPOSED 6 FT CBS WALL, SEPARATING THE PROPERTIES IN QUESTION. SEE ATTACHED SITE PLAN. 2. - CORRECT SITE PLAN TO REFLECT THAT THE PROPOSED CBS WALL ADJACENT TO THE NORTH PROPERTY LINE, BE A 6 FT. HIGH WALL, AS SHOWN ON THE DETAIL, AND NOT A 5 FT. WALL AS SHOWN ON THE SITE PLAN, AND THAT ANY EXPOSED PORTION OF THE WALL, WHEN VIEWED FROM THE ADJACENT NORTH PROPERTY BE FINISHED AND PAINTED. 3. - PROVIDE A SOLID 5 FT. CBS WALL AROUND THE DESIGNATED OUTSIDE PLAYGROUND AREA, AS REQUESTED BY THE CITY OF MIAMI, FOR PROTECTION AND FOR NOISE ABATEMENT. 4. - BUSINESS SIGN WILL BE LIMITED TO [1] FACING 17 TH AV. AND WILL NOT BE HIGHER THAN 6 FT ABOVE THE FINISHED GRADE OF THE PROPERTY AND WILL BE LIMITED TO THE NAME OF THE BUSINESS ONLY. OPERATING CONDITIONS: 1- ABIDE BY ALL CITY OF MIAMI ZONING AS WELL AS OTHER STATE AND LOCAL CODE REQUIREMENTS FOR THE OPERATION OF A CHILD DAYCARE CENTER LOCATED IN AN R-1 ZONE, WITH OUT VARIANCES, AS DESCRIBED IN THE ZONING CODE FOR SPECIAL EXCEPTION APPROVAL. 2.- PROVIDE FOR AND AGREE TO, "FOR ALL TIME" THAT THE CHILD DAYCARE BUSINESS IS OPERATED, THAT THE OUTSIDE PLAY TIME WILL BE LIMITED TO NO MORE THAN 20 CHILDREN AT ANY ONE TIME, AND THAT THE OUTSIDE PLAY WILL BE LIMITED TO THE AREA DESIGNATED AS "PLAYGROUND -1230 SF", SHOWN ON THE SITE PLAN AND THAT THE AREA DESIGNA 1'ED AS "ADDITIONAL PLAYGROUND" WILL BE REMOVED AND NOT USED FOR OUTSIDE PLAY. 3. - AGREE TO LIMIT THE CHILD DAYCARE OPERATING HOURS, "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS OPERATED, TO NO EARLIER THAN 7 AM FOR DROP OFF AND NO LATER THAN 6:30 PM FOR PICKUP, MONDAY THRU FRIDAY, 52 WEEKS PER YEAR. 4. - PROVIDE FOR, AND AGREE THAT IN THE EVENT THAT THE PROPERTY IS SOLD FOR USE AS A CHILD DAYCARE BUSINESS, THAT AS PART OF THE OPERATION OF SAID BUSINESS, THAT THE NEW OWNER MUST COMPLY WITH THE CONDITIONS HEREIN UNLESS FURTHER NEGOTIATED WITH MYSELF OR MY HEIRS AS LONG AS EITHER CONTINUES TO OWN THE PROPERTY TO THE NORTH OF THE SUBJECT PROPERTY, THAT IS 2250 SW 17 TH AV.. 5.- OBTAIN IN WRITING FROM THE CITY OF MIAMI, A FURTHER CONDITION OF THE SPECIAL EXCEPTION, THAT IF THE PROPERTY IS SOLD, THAT THE FUTURE USE OF THE PROPERTY AS A CHILD DAYCARE CENTER IS FOREVER AND ALWAYS SUBJECT TO ALL OF THE FORGOING CONDITIONS IN THIS AGREEMENT. FURTHER A LEGAL COVENANT WILL BE PREPARED, RUNNING WITH THE LAND, ESTABLISHING THAT THE FOREGOING CHILD DAY CARE OPERATING CONDITIONS, WILL BE FOREVER AND ALWAYS BE A CONDITION OF OPERATING A CHILD CARE BUSINESS ON THE SUBJECT PROPERTY. AGREED TO THIS DAY BY: NOTARY PUBLIC L Mcrni-nt-leiN-nln� - 20 -05 Y1 SWNbfB1fl01DaD Roxane Ricalo ,pi My Commission DD408594 i Ft' Expires 03/20l2009 W/ATT./ SITE PLAN NOTED AND DATED 5/17/05 P. I OF 1 YCARE BUSINESS OFFICIAL REP. DATE IC. / SE U Ds .e+w�ex Name aoliem 1101114 LAC OM CITY OF IMAM OFFICE OF HEARING 1 PLANS REVIE' omps ityCl HARRY F ROBINSON 2250 SW !& TH RV. MIAMI FLORIDA 33145 5/24/05 TO: MS. CINDY STUART FROM: HARRY ROBINSON Submitted Into the public record in connection with item i -? on � �— Priscilla A. Thompson City Clerk afo os RE: PZ-29 / 5/26/05 MTG.-PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA FOLLOWING ARE OUR MUTUALLY AGREED TO CONDITIONS, [IN SUMMARY FORM] THAT I WILL PRESENT AND SUBMIT TO THE CITY COUNCIL THIS THURSDAY. PLEASE LET ME KNOW BEFORE THE HEARING IF YOU HAVE ANY DISAGREEMENTS, SO THEY CAN BE RESOLVED. SITE PLAN 1.- ADD FOUR TREES NEAR NORTH PROPERTY LINE. 2.- CORRECT NORTH PROPERTY LINE CBS WALL TO "SIX FEET HIGH FINISHED". 3.- OMIT "ADDITIONAL PLAYGROUND". 4.- PLAYGROUND ENCLOSURE WALL TO BE 5 FT. CBS. 5.- "SIGN" TO BE ONE, AND NO HIGHER THAN SIX FEET ABOVE FIN. GRADE. OPERATIONS 1.- CONFORM TO ALL APPLICABLE CODES WITHOUT VARIANCES 2.- LIMIT OUTSIDE PLAY TO NO MORE THAN 20 CHILDREN AT A TIME IN THE DESIGNATED PLAYGROUND AREA ONLY. ,L ©0t�. 3.- LIMIT OPERATING HOURS FROM 7: iAM TO 6:30 PM MON. THRU FRI.; 52 WEEKS PER YEAR. 4.- PROVIDE A LEGAL RECORDED COVENANT THAT RUNS WITH THE LAND THAT REQUIRES ANY OWNER INCLUDING YOURSELF, THAT OPERATES A CHILD DAYCARE BUSINESS ON THE PROPERTY, TO COMPLY WITH THE AGREED TO CONDITIONS, FOR AS LONG MY SELF OR MY HEIRS OWN THE ADJACENT PROPERTY TO THE NORTH, OR UNLESS NEGOTIATED OTHERWISE. MY UNDERSTANDING FROM THE CITY IS THAT IF THE COUNCIL APPROVES THE PROJECT WITH MY CONDITIONS AND THE CITY CONDITIONS, YOU MAY THEN PROCEED WITH YOUR DRAWINGS, BUT ISSUANCE OF A BUILDING PERMIT WILL BE CONTINGENT UPON YOUR COMPLIANCE WITH ALL OF THE CONDITIONS, INCLUDING THE PRESENTATION OF A RECORDED COVENANT CITY. THANK YOU! C. CITY OF MIAMI PLANNING AND ZONING [ROBERTO LAVE HARRY F ROBINSON 2250 SW !& TH AV. MIAMI FLORIDA 33145 Submitted Into the publiq record in connection with item? Z. a i on *0 1 o s Priscilla A. Thompson City Clerk 5/17/05 TO: MS. CINDY STUART/ PROPERTY OWNER - 2280 SW 17 TH AV MIAMI FL. 33145 / OFF. CHILD DAYCARE BUSINESS FROM: HARRY ROBINSON/ PROPERTY OWNER - 2250 SW 17 TH AV MIAMI FL. 33145 / ADJACENT PROPERTY OWN RE: PROPOSED UNNAMED CHILD DAY CARE BUSINESS @ 2280 SW 17 TH AV. MIAMI FLORIDA REGARDING OUR DISCUSSION TODAY I WILL AGREE TO SUPPORT YOUR CHILD DAYCARE PROJECT AT THE UPCOMING CITY COMMISSION MEETING AND WILL WITHDRAW MY APPEAL, BASED ON YOUR AGREEMENT TO PROVIDE THE FOLLOWING: CHANGES TO YOUR APPROVED SITL PLAN [ATTACHED AND DESCRIBED BELOW], AND YOUR AGREEMENT TO ABIDE BY CERTAIN OPERATING CONDITIONS "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS IN EFFECT AT THIS LOCATION. SITE PLAN CHANGES: 1. - PROVIDE A MINIMUM OF FOUR, 4 IN. DIA. X 12 FOOT HIGH [MIN. AT PLANTING] HARDWOOD TREES ACCEPTABLE TO THE CITY OF MIAMI LANDSCAPE CODE [NOT PALMS] ALONG THE NORTH PROPERTY LINE ADJACENT TO THE PROPOSED 6 FT CBS WALL, SEPARATING THE PROPERTIES IN QUESTION. SEE ATTACHED SITE PLAN. 2. - CORRECT SITE PLAN TO REFLECT THAT THE PROPOSED CBS WALL ADJACENT TO THE NORTH PROPERTY LINE, BE A 6 FT. HIGH WALL, AS SHOWN ON THE DETAIL, AND NOT A 5 FT. WALL AS SHOWN ON THE SITE PLAN, AND THAT ANY EXPOSED PORTION OF THE WALL, WHEN VIEWED FROM THE ADJACENT NORTH PROPERTY BE FINISHED AND PAINTED. 3. - PROVIDE A SOLID 5 FT. CBS WALL AROUND THE DESIGNATED OUTSIDE PLAYGROUND AREA, AS REQUESTED BY THE CITY OF MIAMI, FOR PROTECTION AND FOR NOISE ABATEMENT. 4. - BUSINESS SIGN WILL BE LIMITED TO [1] FACING 17 TH AV. AND WILL NOT BE HIGHER THAN 6 FT ABOVE THE FINISHED GRADE OF THE PROPERTY AND WILL BE LIMITED TO THE NAME OF THE BUSINESS ONLY. OPERATING CONDITIONS: 1- ABIDE BY ALL CITY OF MIAMI ZONING AS WELL AS OTHER STATE AND LOCAL CODE REQUIREMENTS FOR THE OPERATION OF A CHILD DAYCARE CENTER LOCATED IN AN R-1 ZONE, WITH OUT VARIANCES, AS DESCRIBED IN THE ZONING CODE FOR SPECIAL EXCEPTION APPROVAL. 2.- PROVIDE FOR AND AGREE TO, "FOR ALL TIME" THAT THE CHILD DAYCARE BUSINESS 1S OPERATED, THAT THE OUTSIDE PLAY TIME WILL BE LIMI I bD TO NO MORE THAN 20 CHILDREN AT ANY ONE TIME, AND THAT THE OUTSIDE PLAY WILL BE LIMITED TO THE AREA DESIGNATED AS "PLAYGROUND -1230 Sr, SHOWN ON THE SITE PLAN AND THAT THE AREA DESIGNATED AS "ADDITIONAL PLAYGROUND" WILL BE REMOVED AND NOT USED FOR OUTSIDE PLAY. 3. - AGREE TO LIMIT THE CHILD DAYCARE OPERATING HOURS, "FOR ALL TIME" THAT THE DAYCARE BUSINESS IS OPERATED, TO NO EARLIER THAN 7 AM FOR DROP OFF AND NO LATER THAN 6:30 PM FOR PICKUP, MONDAY THRU FRIDAY, 52 WEEKS PER YEAR. 4. - PROVIDE FOR, AND AGREE THAT IN THE EVENT THAT THE PROPERTY IS SOLD FOR USE AS A CHILD DAYCARE BUSINESS, THAT AS PART OF THE OPERATION OF SAID BUSINESS, THAT THE NEW OWNER MUST COMPLY WITH THE CONDITIONS HEREIN UNLESS FURTHER NEGOTIATED WITH MYSELF OR MY HEIRS AS LONG AS EITHER CONTINUES TO OWN THE PROPERTY TO THE NORTH OF THE SUBJECT PROPERTY, THAT IS 2250 SW 17 TH AV.. 5.- OBTAIN IN WRITING FROM THE CITY OF MIAMI, A FURTHER CONDITION OF THE SPECIAL EXCEPTION, THAT IF THE PROPERTY IS SOLD, THAT THE FUTURE USE OF THE PROPERTY AS A CHILD DAYCARE CENTER IS FOREVER AND ALWAYS SUBJECT TO ALL OF THE FORGOING CONDITIONS IN THIS AGREEMENT. FURTHER A LEGAL COVENANT WILL BE PREPARED, RUNNING WITH THE LAND, ESTABLISHING THAT THE FOREGOING CHILD DAY CARE OPERATING CONDITIONS, WILL BE FOREVER AND ALWAYS BE A CONDITION OF OPERATING A CHILD CARE BUSINESS ON THE SUBJECT PROPERTY. AGREED TO THIS DAY BY. 4 M NOTARY PUBLIC W/ATT./ SITE PLAN NOTED AND DATED 5/17/05 P. I OF 1 lortfre? L'SCAPING LEGEND IMO gendigag. NAV NOM Mingled& 1.1MOWN RIMY VIIIIMANA MOMIN gee DOM P .61101011ft LEGAL PERUTiON: Faitirull"narOVS= • • <eV' . : 7.471-Zi "IVA XI? 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EAST ELEVATION MENI-NINHO MENI-NINHA PRESCHOOL 3/16" = Submitted Into the public record in connection with item f2.,-,1 on Priscilla A. 1 nompson City Clerk