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Home My WebLink AboutO-112563/8/9516 11244. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY AND R-2 TWO FAMILY RESIDENTIAL DISTRICTS, BY ALLOWING CHILD DAYCARE CENTERS WITH A CAPACITY OF MORE THAN 20 CHILDREN BY SPECIAL EXCEPTION ONLY; BY AMENDING SECTION 936 BY MODIFYING CERTAIN GENERAL CHILD DAYCARE CENTER REQUIREMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFrECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of February 15, 1995, Item No. 3, following an advertised hearing, adopted Resolution No. PAB 10-95 by a vote of eight to one (8-1), RECOMMENDING DENIAL of amending Ordinance No. 11000 as hereinafter set forth; and WHEREAS, notwithstanding the Planning Advisory Board's recommendation, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; NOW) THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:'/ 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Ellipsis and asterisks indicate omitted and unchanged material. 11256 "ARTICLE 4. ZONING DISTRICTS Sec. 401. Schedule of district regulations. R-1 Single -Family Residential. Conditional Principal Uses: 1. Adult daycare centers shall be permitted by Class I Special Permit if for five (5) or more adults subject to the requirements and limitations of section 935, Adult daycare centers. 2. Child daycare centers shall be permitted by Class I Special Permit for up to nine (9) children, and by Class II Special Permit for ten (10) to twenty (20) children, and by ;Special Exception for over twenty (20) children, subject to the requirements and limitations of section 936, Child daycare centers. 3. Places of worship, primary and secondary schools by Special Exception Permit. R-2 Two -Family Residential. Conditional Principal Uses: Same as for R-1 Single -Family Residential and in addition: 1. For lots with more than five thousand (5,000) square feet, one additional dwelling unit for each two thousand five hundred (2,500) square feet by Special Exception only. ARTICLE 9. GENERAL AND SUPPLEMENTARY REQUIREMENTS Sec. 936. Child daycare centers. Child daycare centers, if approved by appropriate regulatory agencies, shall be subject to the following zoning requirements and limitations: 936.1. Access if within residential district. I1256 —2— Unless otherwise permitted in con,�unction with approval of a special permit, W within any a-1 or R-2 district, vehicular entrances to the grounds of such establishments designed to acCommodate ten (10) or more children shall be within three hundred (300) feet of arterial streets by normal vehicular routes. This limitation shall not apply to places of worship in these districts or to centers in other zoning districts where child daycare centers are permitted or permissible by special permit. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption ther4of. PASSED ON FIRST READING 9Y TITLE ONLY this 2 7th day of March 1995. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 1st day of May , 1995. STEPREN P. CLARK, AYOR PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: FEL E. MAXWEL NN 0 E , I I PUTY CITY A ORNEY 0iYTT R EY ,12.127/JEM/mi s 11256 —3— �, REVISED PLANNING FACT SHEET APPLICANT City of Miami Planning, Building and Zoning Department. APPLICATION DATE N/A. REQUEST/LOCATION Ordinance No. 11000 Text Amendment. LEGAL DESCRIPTION N/A. PZ=1'1 PETITION Consideration of amending the text of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending Article 4, Section 401, Schedule of District Regulations, to amend the R-1 Single -Family and R-2 Two -Family Residential Districts in order to allow child daycare centers with a capacity of over twenty children within said districts by Special Exception only; and by amending Article 9, Section 936, to modify certain requirements pertaining to child daycare centers. PLANNING Approval. RECOMMENDATION BACKGROUND AND The proposed amendments to the R-1 and R-2 Residential Districts would allow child ANALYSIS daycare centers with a capacity of more than twenty children within these districts by Special Exception only. The Planning, Building and Zoning Department recognizes the need for child daycare centers to be located.within proximity of residential areas, however, recommends that prior to approving daycare centers of a capacity of more than twenty children, a Special Exception be obtained. The purpose of the Special Exception is two -fold, first of all, it would allow the Department to thoroughly review each proposal and impose reasonable conditions required to safeguard the adjacent properties from the impacts of such a center, and secondly, ' it would require the applicant(s) to inform all property owners within 375 feet of the subject property of their intentions. PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER 94-166 03/16/95 Denial. VOTE: 8-1. Passed First Reading on CC 3/27/95. February 15, 1995 Page 1 0V RESOLUTION PAB - 10-95 A RESOLUTION RECOMMENDING DENIAL OF AMENDING THE TEXT OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401. SCHEDULE OF DISTRICT REGULATIONS, BY AMENDING THE R-1 SINGLE FAMILY AND R-2 TWO FAMILY RESIDENTIAL DISTRICTS IN ORDER TO ALLOW CHILD DAYCARE CENTERS WITH A CAPACITY OF MORE THAN 20 CHILDREN BY SPECIAL EXCEPTION ONLY. HEARING DATE: February 15, 1995 ,VOTE: eight to one (8-1) ATTEST: �--� RG;0 RODRIGUEZ, DIRECTOR PLANNING, BUILDING AND ZONING 3 11256 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI LEGAL NOTICE ORDINANCE NO. 11256 In the...........XXXXXX..................... Court, was published in said newspaper In the Issues of May 11, 1995 Afllent further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither nor promised any person, firm or corporation any cou , rebate, commission or refund for the purpose of a o thle advertisement for publication In the said Sworn to and subscribed before me this May * .... .... 'y A.D. 19 ... . 'O Sookle Wince gn n to me. � I yq�, LdQ.•�t ` c •.•�OF F�•. � CWWAL NOTARY S8A1. + COWOMI ON NO. CCg91fA4 MY COMM ram- N EXP. APR.12.190 CITY nc MIAM19 FLORIDA 1 AL IIIOtIC11 All Interested persona will take notloe that on the 27th day of Apitl, 1905, which was continued to the 1st day of May,: 11095, the .City Commission of Miami; Florida; adopted the Glowing titled ordinAnoes: ORDINANCE 140.11249 AN EMERGENCY OR AMENDING THE_C01 AMENDED CHAPTEF RELATIVE TO INITI, PERIOD :FOR THE DISTRICT .TO JULY NOTICE :OF .VENDINI DISTRICT;' TO SIXT) PROVISION-;AND,;A, FOR AN EFFECTIVE I AN EMERGENCY;C REVENUE FUND EN MENTALLY ,DISABLE FOR:ITS OPERATIOD TO EXCEED. $494,59A Al . :E bINANQ N0 11251 CONTAINING A REPEALER :PROVISION :AND A �SEVERAB CLAUSE. ORDINANCE N0 11262 AN ORDINANCE .)ESTABLISHING FOUR` NEW ;S' OR 1125 ORDINANCE NO tiz' 5 CONTAINING A, REPEALER PROVISION AND A'SEVERABILITY i CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE NO,11257 AN ORDINANCE AMENDING THE ZONING .ORDINANCE'` BY AMENDING SECTION401, "SCHEDULE OF DISTRICT REGULA- TIONS, CIA GOVERNMENT AND INSTITUTIONAL ZONING" DIS- TRICT, BY MODIFYING SIGN REGULATIONS, CONTAINING ,A.RE- PEALER PROVISION AND. A SEVERABILITY CLAUSE; AND PRO- VIDING FOR AREFFECTIVE DATE, ORDINANCE NO,11258 AN ORDINANCE ' AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 605, "SD-9 BISCAYNE BOULEVARD NORTH OVERLAY iDISTRior, BY MODIFYING` REGULATIONS PERTAIN- ING TO. DEMOLITION PERMITS, CHAIN LINK FENCES, AND* SIG- NAGE, AND PROHIBITING HEALTH CLINICS; .POOL HALLS, OIL- LIARD PARLORS AND GAME ROOMS; CONTAIN1110 A, REPEALER PROVISION AND A`"SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ,Said, ordinances may be,inspected by the public at thtj Offlce of .the. CIty,Clark, 3W Pan American Drive, Miami, F)prklti, Monday thn?Gph, Friday; sxrlu*',V holidays, between the hours of 8 a,m and 5 p.m. s MATTY HIRAI (#2311) CITY CLERK 5✓11 95-4-01i1116M