HomeMy WebLinkAboutM-94-0602y.
J- 4-311
5/1 94
ORDINANCE NO.
I
NANCE AMENDING ORDINANCE NO. 11000, THE ZONING
CE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
AMENDING: (A) ARTICLE 4, "ZONING DISTRICTS,"
O INCLUDE "COMMUNITY BASED RESIDENTIAL
IES" IN CERTAIN DISTRICTS AND UNDER CERTAIN
ONS CONSISTENT WITH FLORIDA STATE STATUTES; (2)
MIT "FAMILY CARE HOMES" IN RESIDENTIAL
TS; (3) TO PERMIT "HALFWAY HOUSES," "SINGLE
UPANCY USES" AND "THREE-QUARTER WAY HOUSES"
CONDITIO LLY IN CERTAIN DISTRICTS; (4) TO CLARIFY
INCONSISTE .CIES IN TREATMENT OF SUCH USES THROUGHOUT
THE ARTICN, AND (B) ARTICLE 9, "GENERAL AND
SUPPLEMENTARY\ REGULATIONS," SECTION 934, "COMMUNITY
BASED RESIDENTIAL FACILITIES," (1) TO AMEND THE
GENERAL REQUIRNENTS, DEFINITIONS AND PARKING FOR
COMMUNITY BASED RESIDENTIAL FACILITIES; (2) TO ADD A
NEW SECTION 934. CREATING AN INTENSITY MATRIX
CLARIFYING THE PERM TTING OF RESIDENTIAL USES IN THE
ZONING DISTRICTS; (3 TO INTRODUCE NEW SECTION 942,
ENTITLEq "SINGLE ROON� OCCUPANCY FACILITIES" AND
ESTABLISH REQUIREMENTS (AND LOCATION STANDARDS FOR
SUCH; AND (C) ARTICLE 25,`"DEFINITIONS", (1) TO DELETE
CERTAIN DEFINITIONS OTHERWE PROVIDED FOR AND TO ADD
DEFINITIONS FOR "ADULT CON EGATE LIVING FACILITY,"
"DEPENDENT CHILDREN," "DEVELOPMENTALLY DISABLED
PERSONS," "DISABLED ADULT,"IANDICAPPED PERSONS,"
"MENTALLY ILL PERSONS," "BED`AAND BREAKFAST INN,"
"FOSTER CARE HOME," "HALFWAY HOUS "LODGING HOUSE,"
"ORPHANAGE," "SINGLE ROOM OCCUPANC USE," AND "THREE-
QUARTER WAY HOUSE"; AND (2) OT'i�ER DEFINITIONS;
CONTAINING A REPEALER PROVISION, A SEVTR BILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at it meeting of April 6,
1994, Item No. 2, following an advertised hearing, adopted solution 25-94 by
a vote of eight to zero (8-0), RECOMMENDING approval of amendi Ordinance No.
11000 as hereinafter set forth with the exception of the c�finition of
"Homeless Shelters"; and
WHEREAS, the City Commission after careful consideration of this matter
deems it advisable and in the best interest of the general welfare of the" ity
=IL1 ,u RK
I
9
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
r E.
DATE : JUL 19 IDD^ FILE
SUBJECT : CBRF Amendment to Zoning
ordinance 11000
FROM : Ces REFERENCES: Agenda Item City Commission
Cit r Meeting of July 26, 1994
Y ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission approve the attached
amendment to Zoning Ordinance 11000 which calls for a series of modifications
to the text of the ordinance; said amendments are for the purpose of
clarifying vague language and modifying certain requirements currently in the
Zoning ordinance regarding Community Based Residential Facilities (CBRF's)
and other various types of residential facilities. This request is being made
upon a finding that Zoning Ordinance 11000 currently offers no
differentiation, specific definitions or other requirements among the various
types of CBRF's.
BACKGROUND AND ANALYSIS
At the City Commission meeting of May 23, 1994, the administration was asked
to conduct a comparison of the number of Ccm nnity Based Residential
Facilities (CBRF's) in the City of Miami versus the remainder of Dade County.
Over the past ten years, since the City's adoption of distance and census
tract standards, the previous trend of locating these types of facilities
within the City of Miami, has been reversed. This analysis and attached maps
of all the licensed facilities in both the City of Miami. and Dade County,
indicate that while the City of Miami does certainly have more CBRF's than
any of Dade County's municipalities, it does not have a majority of CBRF's in
relation to the entire County. It does, however, have a larger percentage of
the bigger facilities and of the facilities which could have the biggest
negative impacts un their surroundings.
The following informtion on CBRF's has been provided to the Planning,
Building and Zoning Department by the State of Florida Department of Health
and Rehabilitative Services (HRS):
* The total number of all types of CBRF's (licensed by HRS) in Dade County
is 792;
* Of the 792 facilities in Dade County; 113, or 14.27% are in the City of
Miami;
94- 602
* Of the 792 facilities in Dade County; 578 are for a capacity of 7
residents or less; 104 are for a capacity of 7 to 14 residents; and 110
are for a capacity of over 14 residents;
* Of the 113 facilities in the City of Miami; 53 are for a capacity of 7
residents or less; 33 are for a capacity of 7 to 14 residents; and 27 are
for a capacity of over 14 residents;
* The total capacity of all types of CBRF's (licensed by HRS) in all of
Dade County is 11,880 residents.
* The total resident capacity for the City of Miami is 3,096 persons, or
26.06% of the total for Dade County.
* The total capacity for facilities with less than 7 residents in Dade
County is 2,690 persons; within the City of Miami, the total capacity for
facilities with less than 7 residents is 221 persons, or 8.22% of Dade
County.
* The total capacity for facilities with 7 to 14 residents in Dade County
is 1,144
persons; within the City of Miami., the total capacity for
facilities with 7 to 1.4 residents is 395 persons, or 34.53%
of Dade
County.
* The total
capacity for facilities with more than 14
residents
in Dade
County is
8,046 persons; within. the City of Miami, the
total capacity for
facilities with more than 1.4 residents is 2480 persons,
or 30.82%
of Dade
County.
Attachments
V
94-
602
HRS
State of Florida Department of Health and Rehabilitative Services
Community Residential Homes Registry per Chapter 419, F.S.
iCategories:
1. ACLF- Adult Congregate Living Facilities
2. Adult Foster Homes ( for the aged, maximum of three persons )
3. Residential Treatment Facilities ( RTF ) Level II
( Alcohol, Drugs, and Mental Health )
4. Residential Child Care Agencies ( CYF )
5. Foster Care Facilities ( Development Services )
6. Group Homes ( Development Services )
7. Intermediate Care Facilities ( ICFMR, Development Services )
8. ( this number is not used by HRS in this application )
9. Residential Treatment Facilities ( RTF ) Level IV
( Alcohol, Drugs, and Mental Health )
s/cbrf/hrs/cat 060394
CITY OF MIAMI
HRS
City
Capacity
Ranges
Category
FAC------------------------------------
Total
Categories:
Less than 7
7 to 14
More than 14
------
(below)
-----------
-------
------------
(
number of
facilities )
1
20
29
16
65
2
28
0
0
28
3
0
1
7
8
4
1
1
0
2
5
0.
0
0
0
6
4
2
3
9
7
0
0
1
1
9
0
0
0
0
--53
33
27
113
DADE COUNTY
HRS
City
Capacity
Ranges
Category
FAC------------------------------------
Total
Categories:
Less than 7
7 to 14
More than 14
------
(below)
-----------
-------
------------
(
number of
facilities )
1
238
80
79
397
2
227
0
0
227
3
3
4
11
18
4
13
1
5
19
5
4
0
0
4
6
77
19
14
110
7
15
0
1
16
9
1
----
0
----
0
----
1
----
%► 1 .L i V i
HRS
City
Capacity
Ranges
FAC------------------------------------
Categories:
Less than 7
7 to 14
More than 14
(below)
-----------
-------
------------
(
number of
persons )
1
118
357
1868
2
81
0
0
3
0
8
369
4
6
8
0
5
0
0
0
6
16
22
187
7
0
0
56
9
0
0
0
221
395
2480
DADE COUNTY
HRS
City
Capacity
Ranges
FAC------------------------------------
Categories:
Less than 7
7 to 14
More than 14
(below)
-----------
-------
------------
(
number of
persons )
1
1392
908
6334
2
665
0
0
3
18
40
502
4
76
8
138
5
16
0
0
6
427
188
1016
7
90
0
56
9
6
0
0
2690
1144
8046
Category
Total
2343
81
377
14
0
225
56
0
3096
Category
Total
8634
665
560
222
16
1631
146
6
7
94- 602
i
CITY OF MIAMI
as a of
DADE COUNTY
i
HRS
City
Capacity
Ranges
Category
Total
Categories:
Less than 7
7 to 14
More than 14
------
(below)
-----------
-------
------------
( Percent
based on
number of
facilities }
1
8.40%
36.25%
20.25%
16.37%
2
12.33%
--
--
12.33%
3
--
25.00%
63.64%
44.44%
4
7.69%
100.00%
--
10.53%
6
5.19%
10.53%
21.43%
8.18%
7
--
--
100.00%
6.25%
9.17%
31.73%
24.55%
14.27%
I CITY OF MIAMI
as a % of
DADE COUNTY
HRS
City
Capacity
Ranges
Category
FAC------------------------------------
Total
Categories: Less than 7
7 to 14
More than 14
------
(below)
-----------
_______
__________-_
( Percent
based on
number of
persons )
1
8.48%
39.32%
29.49%
27.14%
2
12.18%
--
--
12.18%
3
--
20.00%
73.51%
67.32%
4
7.89%
100.00%
--
6.31%
5 -- -- -- --
6 3.75% 11.70% 18.41% 13.80%
7 -- -- -- 38.36%
8.22% 34.53% 30.82% 26.06%
E
94- 602
CITY OF MIAMI
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11.
N
PLANNING FACT SHEET
APPLICANT City of Miami Planning, Building and Zoning Department
APPLICATION DATE February 16, 1994
REQUEST/LOCATION Consideration of amending the text of Zoning Ordinance 11000, the Zoning Ordinance
of the City of Miami, by amending Articles 4, 9 and 25 pertaining to clarification
of community based residential facilities.
LEGAL DESCRIPTION
PETITION To amend Ordinance 11000 by amending Article 4 to clarify language regarding
community based residential facilities; to permit family care homes in residential
districts; to permit halfway and three-quarter way houses and single room occupancy
uses conditionally in certain districts; by amending Section 934, to clarify
general requirements, definitions and parking for CBRF's; to introduce a new
section 942 regarding single room occupancy uses; and amending Article 25 to add
definitions for adult congregate living facility, bed and breakfast, foster care
home, halfway house, homeless shelter, lodging house, orphanage, single room
occupancy use, three-quarter way house; and amending other definitions.
PLANNING Approval
RECOMMENDATION
BACKGROUND AND Zoning Ordinance 11000 currently offers no specific definitions, conditions for
ANALYSIS use, or parking requirements for certain types of community based residential
facilities, halfway houses, foster care homes, lodging homes, orphanages, single
room occupancy uses, and three-quarter way houses. The following proposed
amendments represent an effort to comprehensively address all of these types of
uses as well as to offer clarification regarding conditions, special permit
requirements, parking requirements and cross referencing of uses between different
types of zoning districts. Also included in this proposed amendment is a matrix
itemizing all types of permitted and conditional residential uses in the zoning
districts; the purpose of this is to simplify administration of the zoning
ordinance for staff as well as for clarification to the public. The recent increase
in demand and funding for these types of facilities within our community has also
added reason to these particular amendments being recommended at this time.
PLANNING ADVISORY BOARD APPROVAL WITH CONDITIONS
CITY COMMISSION Cont. on CC 4/28/94 to CC 5/23/94.
APPLICATION NUMBER 94- 78
05/13/94
VOTE: EIGHT (8) TO ZERO (0) 1
APRIL 6, 1994
94- 602 Page 1
A RESOLUTION RECOMMENDING THAT THE CITY COMMISSION AMEND ORDINANCE 11000,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, AMENDING ARTICLE 4,
"ZONING DISTRICTS," TO INCLUDE "COMMUNITY BASED RESIDENTIAL FACILITIES" IN
CERTAIN DISTRICTS AND UNDER CERTAIN CONDITIONS CONSISTENT WITH FLORIDA
STATE STATUTES; TO PERMIT "FAMILY CARE HOMES" IN RESIDENTIAL DISTRICTS; TO
PERMIT "HALFWAY HOUSES," "SINGLE ROOM OCCUPANCY USES" AND "THREE-QUARTER
WAY HOUSES" CONDITIONALLY IN CERTAIN DISTRICTS; TO CLARIFY INCONSISTENCIES
IN TREATMENT OF SUCH USES THROUGHOUT THE ARTICLE; BY AMENDING ARTICLE 9,
"GENERAL AND SUPPLEMENTARY REGULATIONS," SECTION 934, "COMMUNITY BASED
RESIDENTIAL FACILITIES," BY AMENDING THE GENERAL REQUIREMENTS, DEFINITIONS
AND PARKING FOR COMMUNITY BASED RESIDENTIAL FACILITIES; ADDING AN
INTENSITY MATRIX CLARIFYING THE PERMITTING OF RESIDENTIAL USES IN THE
ZONING DISTRICTS; TO INTRODUCE A NEW SECTION 941 REGARDING SINGLE ROOM
OCCUPANCY USES; BY AMENDING ARTICLE 25, DEFINITIONS, TO ADD DEFINITIONS
FOR "ADULT CONGREGATE LIVING FACILITY," "BED AND BREAKFAST," "FOSTER CARE
HOME," "HALFWAY HOUSE," "LODGING HOUSE," "ORPHANAGE," "SINGLE ROOM
OCCUPANCY USE," AND "THREE-QUARTER WAY HOUSE"; BY AMENDING OTHER
DEFINITIONS; AND REMOVING THE REFERENCE TO "HOMELESS SHELTERS" AS AN
ALTERNATIVE DEFINITION FOR "RESCUE MISSION"; FURTHER REQUESTING THAT THE
CITY COMMISSION DIRECT STAFF TO UNDERTAKE A SEPARATE STUDY OF RESCUE
MISSIONS.
HEARING DATE: APRIL 6, 1994
VOTE: EIGHT (8) TO ZERO (0)
ATTEST: �`��`�
I u
LANNING, BUILDING AND ZONING
94- 602