2012-0315 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting March ]5,2012 City of Sunny Isles Beach, Florida Mr. Price said that there is a need in Sunny Isles Beach for a daycare center and they have a waiting list of over 65 children, 20 of which are from Winston Towers. Of the six children in the center today, five are from Winston Towers, and several of the parents walk their children to the center. Unlike schools, daycare centers do not have set hours of operation, it is based primarily on the parents' personal schedule. This property is in the district ofRMF- 2 which is a high density residential classification. While the original covenant provided that it would be primarily to serve the residents of Winston Towers this does not necessary fall within that purview because a daycare center is not a commercial use even though it is permitted as a matter of right in the BU-I district of the County. Under the City's Code it is conditional use whether it is in a residential district or a commercial district, and so therefore there is a recognition under the City's Code that daycare centers are to be freely placed within the City subject to a public hearing. Mr. Price said when his client sought approval from the State of Florida, this site has the license for 40 children, under the State of Florida Regulations more than 40 children can be placed in this facility. But because this is a fairly new use to the City, they believe it was incumbent upon them to prove themselves to this Commission and community and so they are asking for 25 children. They also indicated that no more than 4,000 square feet within the center can ever be used for another daycare center, precluding any other operators from coming into this center, this covenant has been signed and executed by the owner of the shopping eenter. He noted that the covenant he gave the City Attorney says school, they will strike that and make sure it says daycare for children under the age of five years old. In addition to the square footage within the facility which is under the City's Code 20 square feet per child, they have an additional outdoor area of approximately 1,200 square feet. They met with City staff who made certain suggestions that the play area, because it will now open up to the new roadway system for emergency vehicles, they will have a green iron rail fence behind the propet1y, it will be landscaped and bollards will be placed between the sidewalk and the fence. He noted that in the Letter ofIntent they have outlined why they believe that the conditional use does not adversely impact the public interest. Due to public health, safety and life welfare of the community and the dire need for this type of facility warrants the approval of this Commission. Mr. Price said one of the other things they have done in addition to agreeing not to come back to this Commission is that they will not file any new applications before this Commission until January], 20] 4 to give you an opportunity to see how they are doing, and to give you an ability to analyze whether they are consistent with their commitments. Secondly, they have committed that first priority shall go to the parents of people residing in Winston Towers to maintain the spirit of intent of the original Covenant. Juan Calderon, Traffic Engineer, highlighted several of the issues including the loading and unloading of children during peak time, and also to discuss the parking plan and the nature of this type of use. He said these types of facilities generates three times less traffic than the bank that used to be located here. This type of facility has staggered arrivals, there are no high peaks of demand and they are expecting about two cars every ten minutes for just 25 kids. Parking complies with the parking requirements in the City's Code of six (6) parking places. There is a median opening that was there previously from the bank. 5