2015-0917 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting September 17, 2015 City of Sunny Isles Beach, Florida everything that goes on that property has to be approved by virtue of how the original restriction is crafted, and City Attorney Ottinot said that is correct. Commissioner Aelion said so the addition that was allowed from 6 to 25 is inclusive of this Declaration of Restrictions or was it something that was superseded afterwards? City Attorney Ottinot said the proffer was made by them. Ms. Hasbun said when the shopping center was built, as you know the location of the shopping center is in a residential area. and so the County provided a Declaration of Restriction in 1979 that they were allowed certain businesses at that location without the need of going back to the Commission ever}, time. There are separate restrictions that the services needed to be provided to the Winston Towers residents. In 2011 this business came and the Commission did not approve it. In 2012 they came for the Commission's approval for a daycare center with 25 children, and they were providing outdoor space for that area and they did not meet the criteria for a variance that is required in the Code but they did have some parking spaces dedicated for that business. The Applicant proffered four (4) parking spaces dedicated just for the daycare center, and 4,000 square feet were used for that use only, and so no extension of the daycare center was allowed. They were given the possibility to come back at a later time to ask for an extension. Mayor Scholl saidjust to be clear, we had agreed to 25 children under five (5) years old, and now the Applicant is asking for children up to 12 years old. Ms. Hasbun said right, what happened is the Declaration of Restrictions is regarding pricing and square footage because that Declaration is for the property itself not for their business. Mayor Scholl said the 25 is for the 4,000 square feet, how many square feet will the 65 be in? Ms. Hasbun said they are allowing up to 8,500 square feet which is shared between the is' and 2 "d floors. Mayor Scholl said it is between the two floors and we are doubling the square footage and about 3% based on the number of children, and the age of the children is on a different side. Commissioner Levin said the Resolution provides that the Commission either agrees to modify the Covenant or not modif}, it. She asked what it will say if we agree to modify it, and City Attorney Ottinot said it would be consistent with what Ms. Hasbun said; and it would increase square footage and for kids of different ages as well. Ms. Hasbun said it would have to reflect whatever the request is during their site plan application. Commissioner Levin said then if they agree to modify the Declaration then essentially Nye are agreeing to the application? Ms. Hasbun said no, not necessarily but through the numbers it will carry out. Mayor Scholl said if we don't agree with this then they cannot proceed with the zoning. If we do agree we speed up the zoning application that we have expanded the limitation that is currently on the property. Commissioner Goldman asked to discuss the urban area designation. Ms. Hasbun said the urban designation is basically the children of families, the Department of Children and Families will have to designate it an urban center. One of the requirements of the State is that local governments approve it. It did not happen in the original approval that you gave to the business. Commissioner Goldman said then that they would have to get our approval before they apply for it. What has the Applicant done in terms of getting that because of the requirement about outdoor space. Mr. Price said that the Department of Children and Families will not process