Resolution Zoning 12-Z-128 - Laserfiche WebLink

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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