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HomeMy WebLinkAboutO-10806J-90-654 08/29/90 ORDINANCE NO. 10 8 0 6 AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS AND ARTICLE 4 ZONING DISTRICTS, R-2 TWO FAMILY RESIDENTIAL DISTRICT, PERMITTED PRINCIPAL USE R-3 MULTI FAMILY MEDIUM DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, R-4 MULTI FAMILY HIGH DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, AND 0-OFFICE, CONDITIONAL PRINCIPAL USES, TO CORRECT ERRORS, BY REFINING DISTANCE REQUIREMENTS AND REFORMATTING OTHER REQUIREMENTS FOR COMMUNITY BASED RESIDENTIAL FACILITIES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of July 18, 1990, Item No. 3, following an advertised hearing, adopted Resolution No. PAB 54-90 by a vote of 9 to 0, RECOMMENDING APPROVAL of amending Ordinance No. 11000, as hereinafter set forth; 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 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 new Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said ordinance as follows:/ "ARTICLE 4. ZONING DISTRICTS R-2 Two Family Residential 1/ Words and/or figures stricken through shall be deleted. Underscored wards and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 10806 Permitted Principal Uses: 2. Community based residential facilities, licensed by FHRS, with from seven ( 7 ) to a maximum of fourteen (14) clients (including staff, but not including drug, alcohol or correctional rehabilitation facilities) when located at least 1,200 feet from any existing similar facility, and at least 500 feet from anv R-1 district measured from the nearest point on the zoning district boundary or from the nearest point of the site of the existing facility to the nearest point of the site of the proposed facility, provided they are registered with the Building and Zoning Department pursuant to Section 934.2. 3. Housebarges are prohibited. R-3 Multi -Family Medium -Density Residential. * * * Conditional Principal Uses Same as for R-2 Two Family Residential and: 1. Community based residential facilities licensed -by RHO with from more than fourteen (14) to a maximum of fifty (50) clients including staff, but not includirra poift of bile site of tile e2cisting feteility to the permitted only by Special Exception with City Commission approval subject to the requirements and limitations of section 934. -2- 10806 R-4 Multi -Family High Density Residential. Conditional Principal Uses: Same as for R-1 Single Family Residential; and, in additon: 2. CQmmunity based residential facilities, with more than fourteen (14) residents including staff rt Hie exi-sting facility to tile neetrest point of Hke sit:e permitted only by Special Exception with City Commission approval subject to the requirements and limitations of section 934. 3. Convalescent homes, nursing homes institutions for the aged or infirm and orphanages are permitted only -by Special Exception with City Commission approval object to the requirements and limitations of section 934. + fur or infirm permitted oby Special Exception. 4 -5—. Nursing homes permitted only by Special HxcePtiO. i �-to permitted only by Special Exception. `f 4.�. Child day care centers, subject to the restrictions and limitations in section 936, permitted by Class I Special Permit. 0-Office 4 Conditional Principal Uses: i i -3- 10806 W 4. Community based residential facilities 44een ed by staff J drug, aleeh p,ravided they "re registered with the Building and pursuant to Section 934.�- are ncrmittr�rl nnly by snecial Exception_ w/City Commission approval. Section 2. The schedule of District Regulations, page is hereby amended in the following respects: PERMITTED USES: PRINCIPAL R-2 Two Family Residential 2. Community based residential facilities, licensed by FHRS, with from seven ( 7 ) to a maximum of fourteen (14) clients (including staff, but not including drug, alcohol or correctional rehabilitation facilities) when located at least 1,200 feet from any existing similar facility, and at least 500 feet from any R-1 district measured from the nearest point on the zoning district boundary or from the nearest point of the site of the existing facility to the nearest point of the site of the proposed facility, provided they are registered with the Building and Zoning Department pursuant to Section 934.2. 3. Housebarges are prohibited. n R-3 Multi -Family Medium -Density Residential. -4- 10806 CONDITIONAL USES PRINCIPAL Same as for R-2 Two Family Residential and: 1. Community based residential facilities license} --bp PIIRS with from more than fourteen (14) to a maximum of fifty (50) clients including staff, MP -a-) I I . only by Special Exception with City Commission approval subject to the requirements and limitations of section 934. R-4 Multi -Family High Density Residential. CONDITIONAL USES: PRINCIPAL Same as for R-1 Single Family Residential; and, in additon: 2. Community based residential facilities, with more than fourteen (14) residents including staff - ? by FHRS, with from fourteen (14) to a of fifty (50) u1jents (including stetff but not including drug, alcohol or correctional rehabilitation facilities) w locetted ett least 1,200 feet from any existing similar facility measured from t�he nearest poini: of the site __ -5- 10806 with the Building and genj:nq permitted only by Special Exception with City Commission approval subject to the requirements and limitations of section 934. 3. Convalescent homes, nu sing homes, institutions only by Special Exception with City Commissio •iect to the reauirements nd limitations of sections by Special Exception. 5. Ndruing humes permitted only by Special ExCePtiOn. 6. 4.3-. Child day care centers, subject to the restrictions and limitations in section 936, permitted by Class I Special Permit. 0-Office CONDITIONAL USES: PRINCIPAL 4. Community based residential facilities drug,ciients including staff bttb not: including alcohol %JJ. correctionai 1,000from —Tany to the neetrest: point of the site to the propose Building and Boning pursuant to Section 934.-- are permitted only by Special Exception w/City Commission approval. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. {i 10806 !M r� Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 27th day of September , 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of October , 1990� ATTES . MATT HIRAI CITY CLERK PREPARED AND APPROVED BY: dLL- F • 6J E. MAXWELL FF ASSISTANT C TY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO E L. F ANDEZ CITY ATTORN Y JEM:bf:M673 It- XAVIER L. SUAREZ,/M)kYOR -7- 10806 RECEIVED �990 NOY -6 AM 10: 122 t4AT Y 11RICI CITY CLEftt( riT l' OF WAMI, FU',. MIAMI 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 Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a dolly (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 ORDINANCE NO. 10806 In the ........... X.. X . X, ...... • ........ • .... Court, was published in said newspaper In the issues of November 1, 1990 Afflant further says that the said Miami Review Is a ipeper published at Miami In said Dade County, Florida, thhat the Bald newspaper has heretofore been continuously [shed in said Dade County, Florida each day (except rday, Sunday and Legal Holidays) and has been entered as nd clans mall matter at the post office In Miami In said i County, Florida, for a period of one year next preceding Euo ication of the attached copy of advertisement- and r says that she has neither paid nor promisgr any or corporation any discount, rebate, commission r the purpose of securing this advertisement fo► n the Id newspaper. Sworn CITY ®F MIAMI, FLOiIbA LEGAL NOT16E All Interested, persona will take notice that' 8n the 25th day of r October, 19M the City Commission of Miami, Florida, adopted the ` following title'ordinances: 'a ORDINANCE NO.10903 AN EMERGENCY ORDINANCE AMENDINGAECTIONS 1, 2, 3, 4 AND 6 OF ORDINANCEAO; 10648, THE ANfVUAL APPROPRIA• - TIONS ORDINANCE FOR THE FISCAL YEAR EN IN BE _ 9' - BER 30, 1990, ADOPTED. SEPTEMBER 28, 1980, AS AMENDED, FOR THE PURPOSE OF;IMPLEMENTiNG BUDGEiAA_ ADJUST MENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNT iNG`PRIN61PLES AS' OUTLINED BY THE'CITY'S EXTERNAL AUDITORS;' CONTAINING ,A REPEALER PROVISION ANDA SEVERABIOTY CLAUSE: OIYDlNANCE NO.108N -' AN ORDINANCE AMENDING THE ZONING ATLAWOF ORDI- NANCE'NO. 1 000 (EFFECTIVE.SEPTEMBER 4, 1.9" THE. NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY.CHANGING THE ZONING CLASSIFICATION,FOR PROPERTY LOCATED AT APPROXIMATELY 596_NORTHWEST, :. 49TH'AVENUE:AND 4901 NORTHWEST 5TH,STREET, MIAMI, FLORIDA (MOREPARTICULARLY DESCRIBED HEREIN), FROM R•2 TWO FAMILY RESIDENTIAL (FOR'APPROXIMATELY•'4901- NORTHWEST 5TH STREET) AND R-4 MULTI•FAMILY-HIGH DEN•; SITY.RESIDENTIAL (FOR APPROXIMATELY"5A8`.NORTHWEST 49TH AVENUE) TO 0.1 RESTRICTED COMMERCIAL;.BY MAKING' FINDINGS; AND BY MAKING,ALL NECESSARY CHANGES ON ' PAGE NUMBER 31 OF SAID ZONING' ATLAS;,CONTAiNINGA REPEALER PROVISIOWAND SEVERABILiTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO t0A06 AN EMERGENCY ORDINANCE AMENQlN41ECTION 39.17.0E THE CODE OF THE CITY OF,.MIAMI, FLORIDAj,AS AMENDED,.. BY PROHIBITING VENDING.FOR'A;ONEYEAR PERIOD ON THE .: f-LAULWA 111 ,fw.;n,•a ,._ SQUTti MIAMI AVENUE 61DES OF FLAGLER STREET BETWEEN: .' AND ;EA T FIRST.AVENUE); CONTAINING:A_REPEALER PRO+ VISION,,SEVERABILITY CLAUSE, AND PROVIDING AN EFFEG TIVE DATE. ORDINANCE NO. IONS AN ORDINANCE -AMENDING ORDINANCENO:; 11o00, AS.- AMENDED; THE NEW ZONING ORDINANCE OF THE CITY,OF MiAMi, FLORIDA, BY AMENDING THE'.OFF.ICIAL SCHEDULE OF DISTRICT REGULATIONS: AND ARTICLE-4_-ZONING`DIS= TRICTS, R•2 TWO FAMILY RESIDENTIAL DISTRICT, PERMITTED PRINCIPAL USE R•3 MULTI " FAMILY MEDIUM. DENSITY REST; DENTIAL, CONDITIONAL PRINCIPAL USES,.RA MULTI FAMILY. HIGH DENSITY RESIDENTIAL, CONDiTIONAL.PRINCIPAL:USES, AND O-OFFICE, CONDITIONAL PRINCIPAL USES, TO.CORRECT ERRQRS, BY REFINING DISTANCE REQUIREMENTS AND REFORMATTING OTHER REQUIREMENTS FOR COMMUNITY ' LFd RESIDENTIAL FACILITIES;'CONTAINING A REPEALER':. ION, SEVERABILITY CLAUSE, WAND PROVIDING AN IVE DATE, dtnances may be inspected by the public at"the'Oftice Of lark, 3500 Pan'Amerlcan Drive, Miami, Florida, Monday riday, excluding holidays; between the hours of 8:00 a.m: :m. MATTY HIRAi CITY CLERK , MIAMI, FLORIDA 5 90.4410132M . APPLICANT PETITION REQUEST RECOMMENDATION PLANNING DEPARTMENT BACKGROUND PLANNING FACT SHEET City of Miami Planning Department: June 27. 1990 3. Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, to become effective September 4, 1990 by amending the official schedule of District Regulations and Article 4 Zoning Districts, R-2 Two Family Residential District, Permitted Principal Use, R-3 Multi Family Medium Density Residential, Conditional Principal Uses, R-4 Multi Family High Density Residential, Conditional Principal Uses, and O-Office, Conditional Principal Uses, to correct errors, by refining distance requirements and reformating other requirements for Community Based Residential Facilities. To conform the Community Based Residential Facility requirements in Ordinance 11000 with those of Ordinance 9500. Approval. 0 ANALYSIS Up to 14 clients, Community Based Residential Facilities (CBRF's) are governed by State requirements; beyond 14 clients, CBRF's require a special exception and City Commission approval. For comparison, Ordinance 10646 which contained the modifications to Ordinance 9500 is included. PLANNING ADVISORY BOARD At its meeting of July 18, 1990, the Planning Advisory Board adopted Resolution PAB 54-90 by a 8-1 vote, recommending approval of the above. CITY COMMISSION At its meeting of September 27, 1990, the City Commission passed the above on First Reading. 10806 J-89-612 9/28/89 ORDINANCE N0. IL0646 AN ORDINANCE AMENDING ORDINANCE 91500. AS AMENDED. TEE ZONING ORDINANCE OF THE CITY OF MIAXI. FLORIDA. BY A ENDING SECTION 2034 'COMMIINITY BASED RESIDENTIAL FACILITIrS" TO REFINE TEE DEFINITION; TO REQUIRE A SPECIAL EXCEPTION RITE CITY COMMISSION APPROVAL; TO LOWER TE8 CENSUS TRACT CAP ON CLIENTS, TO INCREASE TEE DISTANCE SEPARATION BETWEEN FACILITIES, TO ESTABLISH INTERIOR SPACE STANDARDS AND TO REQUIRE A SPECIAL EXCEPTION WITH CITY COMMISSION APPROVAL OF A CEANGS OF OWNERSBIP: BY AMENDING ARTICLE 38. DEFINITIONS TO REFERENCE TIM FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND AMENDING THS SCMMULE OF DISTRICT REGULATIONS. PAGES 1 TBROIIGH 4. BY AMENDING COLMMS SBTITLED "PRINCIPAL USES AND STRUCTURES", RS-1. RS-2 ONE-FAXILY DETACHED RESIDENTIAL: RG-1 GENERAL RESIDENTIAL TO PERMIT CERTAIN COMMUNITY BASED RESIDENTIAL FACILITIES TO DELETE A SPECIAL EXCEPTION REQUIREMENT 13 T8ESE AND OTHER RESIDENTIAL. DISTRICTS; RG-2 GENERAL RESIDENTIAL; RG-2.1 GENERAL RESIDENTIAL; RG-3 GENERAL RESIDENTIAL: 0-I OFFICE INSTIT4TIONAL; CR-1 COMMERCIAL RESIDENTIAL (NEIMMORHOOD) . TO REQUIRE CITY COMMISSION APPROVAL OF A SPECIAL MMZPTION FOR COMMIINITY BASED RESIDENTIAL FACILITIES (WITH EXCEPTIONS); FOR CONVALESCENT HOMES. NURSING BOXES. INSTITUTIONS FOR THE AGED OR INFIRM AND ORPHANAGES: SUBJECT TO TIE REQUIREMENTS AND LIMITATIONS OF SECTION 2024; CONTAINING A REPEALER PROVISION. SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. VIEREAS, the Miami Planning Advisory Board. at its meeting of June 21, 1989, Item No. Sa. following an advertised hearing adopted Resolution No. PAB 28-89 by a vote of 8 to 0. RECOHMMMING APPROVAL, of amending Ordinance No. 9500 as hereinafter set forth; and M8EREAS. 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. 9a00 as hereinafter set forth; NOW, TSEREFORE. BE IT ORDAINED BY TEE COMMISSION OF THE CITY OF MIAMI. FLORIDA: 10806 Section 1. Ordinance No. 9500, the Zoning Ordinaa0e of the City of Xiami. Florida, as amended, is hereby amended by amending the tent of said ordinance as follows:1 'ARTI= 20. GMMRAL AND SUPPLBHEDtTARY REGMATIONS Sec. 2034. Community based residential facilities. 2034.1 Community based residential facility defined. A community based residential facility provides room Lvith or without board).. resident services. and twenty-four hour supervision. Such a facility functions as single housekeeping unity, Tog=Ntury agency. This category includes adult congregate living facilities XCUtdOlIc and facilities for ;h7minA11 disabled and handieap322d persog9. for developmentally disabled persons, for nm2=d xn wrong mentallg ill persons and for dependent obladren, as lieu de , the Florida DAnbr_tment of E _a1 th and R h± lust± vA Seraie _Q (MR).L and reeidentiai _fain± i 1 t± ear far aleohol and druct rehAbil i +at;LO and juvenile and adult residential correctional facilities, including halfvay houses. ae l ie •+eed Mr apRreved hg an anthe7i2ed regal a a= agggn'7.„ 2034.2. Procedures. 2034.2.1. Registration required. All existing and proposed community based residential facilities shall register with the department of building and zoning 3impeu tt=s. Required information for registration includes: 2034.2i2. Special exception required. UXa= wit�n specified ara .± t± AS 1ft11 prOpoSed community based residential facilities are Permissible only by special exoeption_ with subject to the following requirements and limitations: 2034.2.2.1. Location standards. All proposed Community based residential facilities shall be subject to the following location standards: 1. A proposed community based residential facility shall not be located in any census tract where residents of existing community Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining.provisions are not in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 10806 -2- « based residential . fac9.14ties oomtrise t2o (? percent or more of that census traot's current total population as estimated by the city of H'ami planing department. 2. A proposed community based residential facility shall not be located within a radius of (Ma) INg thousand five hundred (2� feet of an existing community based residential facility. Measurement ehal]. be made from the nearest point of the site of the existing facility to the nearest point of the site of the proposed facility. « fla.r�itinn. P 2034.2.2.t'-;� Offstreet parking. One (1) offstreet parking space for each staff member and one (1) offstreet parking space for each four (4) residents shall be provided. A reduction in required occupant offstreet parking shall be permissible provided findings are made that clearly show such reduction is reasonable based on such factors as facility proximity to mass transit, location of occupant employment area. occupant auto ownership, facility visitation policy, and the like. 2034.2.2.e-.fL Limitations on signs. Signs be limited to a nameplate not _shall exceeding two (2) square feet for each street frontage. 2034.3 Certificate of use not transferable; new ownership by 6n;La3. The approved certificate of use shall not be transferable if the facility changes use or ownership. New ownership shall be approved only aNg "t al exce2ti Qn with city� Qommigg nn appal'. [3 ARTICLE 38. DEFINITIONS. Section 3802. Specific. « -3- tr Section 2. The Sohedule of District Regulations, page 1, is hereby amended in the folloving respects: 'QSES AND STRUCTURES PRINCIPAL USES AND STRUCTURES • s s RS-1: RS-2. ONE -FAMILY DETACHED RESIDENTIAL � s s 11, Permitted Generally Permissible Only by Special Permit R t s s i . . t2"-"1Q,,Adult day care centers shall be permissible by Class C permit if for 4 adults or less. special exception if for 5 adults or more subject to the requirements and limitations of Section 2305 'Adult d= care centers." s s s RG-1- GENERAL RESIDENTIAL (One -and -Two PAW 1y) As for RS-2, and in addition: Permitted Generally -4- Section 3. Page 2 of the Schedule of District Regulations is hereby amended in the following respects: °USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES RG-2. GENERAL RESIDENTIAL Permissible Only by Special Permit • . t 4. Community based residential facilities with 1� merc than 14 but not more than SO residents including staff in RG-2/5 and 2/6 shall be permissible only by special eZOeptiOn� with .its_ cemmission Awr�o4a1__ subject to the requirements and iz 1 t= of section 2034. RG-2.1. GENERAL RESIDENTIAL s R s In addition: .. R R R RG-3 • GMM AL RESIDENTIAL R s s Permissible Only by Special Permit R • R 3. Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages Shall be permissible only by special, ezoeption__ with it�y eommissian 10806 -B- do .... - — i j4. Community based residential facilities' W ! more thmm�l4..are permissible only by special e:aep%ion..—,tit$ I� Qtyee 1axionAp2reyal- subject to the ! requiremenzs and limitations of section 2034. Regulations (� Seotioa 4. Page 3 of the Schedule of Dlstriot l is hereby amended in the following aspects: I 'USES AND STRUCTURES i PRINCIPAL USES AND STRUCTURES s s s I 0-I. OFFICE -INSTITUTIONAL s t s Permissible Only by Special Permit f s s s 7. Community based residential facilities are permissible only by special exception, with n t'y commission subject to the requirements and limitations . of section 2034. s a : 11. Convalescent homes, nursing homes. and institutions for the aged or infirm and orphanages shall be permissible only by special exoeption with erity eomffiissien ajtETe4s.1. ffa ipat to the re=iTements and T i fii tati pTV-q of fiP .t.4 ens 20M4 . ' Section 8. Page 4 of the Schedule of District Regulations is hereby amended in the following aspects: 'USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES t s t i I CR-1 COMMRCIAL RESIDENTIAL (NEIMMOR$DOD) s s t Permissible Only by Special Permit s s s 7. Community based residential facilities are Permissible only by special exoeption_ with 1 0112 norizinnimm sMV=0 sal subject to the requirements and limitations of section 2034. I I t i s• I i f Section 8. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this I Ordinance are hereby repealed. I 10806 ILOG46 Section 7. If any part of section, paragraph. clause. phrase or word of this Ordinance is declared invalid. the remaining provisions of this Ordinance shall not be affected. Section 8. This Ordinance shall become effective tbirty (30) days after adoption. PASSED ON FIRST READING BY TITLE ONLY this 31st day of July , 1989. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th I day of September ,f.-a MEL, ATTES MA EIRAI CITY CLERE PREPARED AND APPROVED BY: hoe ADRIENNE L. FRIESNER ASSISTANT CITY ATTORNEY APPROVED AS TO FORK AND CORRECTNESS: '44M=L JO 4E L . FMMANDEZ CITY ATTOi%T ALF/dot/9492 10806 -7-