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 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