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HomeMy WebLinkAboutO-103635/13/87 J-87-404 ORDINANCE NO. 11 to AN ORDINANCE AMENDING ORDINANCE No. 4500t AS AMENDED, THE ZONIN(l ORDINANCE ()I? THE CITY OF MIAMI0 FLORIDA, !1y A*4P,,\I[)TNG ART rCbr, 20, E N, T IT b E () """I P, N N' RA !,, f\ -4 1) -iUPPLEMENTARY REGULATIONS" 13Y ADDING A NEW 2035 ENTETLED "ADULT DAY CARE CENTERS"# PROVIDING FOR 013 P UN JIT(ON, MI , NIM09 LOT DIMENSIONS, LOCAT OF BUILD[N(1,s IN IRS -It RS-2 AND RG-1 DISTRICTS, REQUIRED OUTDOOR AREA, AND APPROPRIATE REQUIREMENTS, L IMITATION; AN 0 CON0 (' i 0,11�; SAY' A,11�;NOING SECTION 2036 ENTITI-JEO "CHILD DAY CARE CENTERS", AS IT PERTAINS TO OUTDOOR PLAY AREAS WITHIN CHILD DAY CARE CENTERS BY ADDING THE WORD "DAY" TO "CH11,f) CAR,-, 'IHROUGHOUT SECTION 2036; B,( AMENDING ARTICLE 36 ENTITLED "DEFINITIONS", SPEC IFICALLY CIFICALLY AS IT PERTAINS TO THE DEFINITION OF CHILD DAY CARE CENTERS AND BY ADDIN(17 DEFINITIONS POR "FAMILY DAY CARE HOME" AND "ADULT DAY CARE CENTER"; AND AMENDING PAGES 1, 2, 3, 4 AND 5 OF THE OFFICIAL SCHEDULE OF DISTRICT RIEGOGAT IONS BY GENERALLY PERMITTI1412 FAMILY , DAY CARE HOMES IN RS-1 AND R-2 DISTRICTS; ONE -FAMILY DETACHED RESIDENTIAL; TO ALLOW ADULT DAY CARE' CENTERS IN THE RS-1 AND RS-2 ONE -FAMILY DETACHED RESIDENTIAL DISTRICT BY CLASS C PERMIT IF LESS THAN 5 ADULTS, AND BY SPECIAL EXCEPTION IF 5 OR MORE A00UCS SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF PIJOL)o.S10 2035 "ADULT DAY CARE CENTERS"; PROVIDING FOR MINIMUM OFF- STREET PARKING REQUIREMENTS; TO GENERALLY PERMIT ADfJ1jT DAY CARE CENTERS, SUBJECT TO CLASS A PERMIT, IN RG,-2 GENERAL RESIDENTIAL DISTRICTS, SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION 2035 "ADULT DAY CARE CENTERs", PROVIDING FOR MINIMUM OFF-STREET PARKING REQUIREMENTS; BY PERMITTING CHILD DAY CARE CENTERS BY CLASS C PERMIT AS AN ACCESSORY USE To CHURCHES AND SCHOOLS IN CG-I GENERAL COMMERCIAL DISTRICTS; AND BY ADDING THE WORD "DAY" TO "CHILI) CARE CENTERS" THROUGHOUT THE SCHEDULE OF DISTRICT REGULATIONS FOR CLARITY; BY CORRECTING, A TYPOGRAPHICAL, E RRO i 11,14 N ") - (. t P-, P, - f (-' E INSTITUTIONAL" BY CHANGING SECTIONS 3036.4 AND 3036.5 TO SECTIONS 2036.4 AND 2036.5; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, tht) Miami Planning Advisory meeting of, April 1, 1987, Item No. 2, following an advertised hearing, adopted Resoloion PAB 26-87 by a vote of 7 to 1, RECOMMENDING APPROVAL, of arlloeridillcj Or.liriance No. 9500, as amended, as hereinafter set forth, anti WHEREAS, the City Commission after careful consideration of thi, s matter deemS it 1;1 -4 11:IAh10- c"'d in the best interest of the IL0363 11 "I'MR00 *pool" r •' 5/1318*7 J-87-404 ORDINANCE NO, 1034i,3 AN ORDINANCE AMENDING ORDINANCE No. 14500, AS AMENDED] THE 7ONIN(, ORDINANCE OP THE (':ITY OP MIAMT, FLORIDA, )iY AMP?NDTNG AR't'LCt,E 20, ENTITIiE1) A'Af) ';UPPLEM8NTARY REGOLATIONS" 8Y ADDING; A NEW SF,(ITION 2035 ENTI` I,ED "ADULT DAY CARE CENTERS", PROVIDING FOR 1)8E' CN 11-P 00N, MIN IMUM LO,V I-),IMENS IONS, LOCATION OF BUILDING,,-, IN RS-1, RS-2 AND RG-1, DISTRICTS, REQUIRED OUTDOOR AREA, AN I) APPROPRIATE REQUIREsMENTS, LIMITATION.,ANC) CONO G;" i'iY Ail4 ,'ND.ING SECTION 2036 ENTITI,► D "CHILD DAY CARE Ct NTERS", AS IT PERTAINS TO OUTDOOR Pr.,AY AREAS WITHIN CHILI) DAY CARE CENTERS 13Y ADDING THE WORD "DAY" '"1O "CH 0,i) CAR��, 'THROUGHOUT SECTION 2036; f3Y AMENDING ARTICLE; 36 ENTITLED "DEFINITIONS", SPECIFICALLY AS IT PERTAINS TO THE DEFINITION OF CHILI) DAY CARE CENTERS AND BY ADDING DEFINITIONS [FOR "FAMILY DAY CARE HOME" AND "ADULT DAY CARE CENTER"; AND AMENDING PAGES 1, 2, 3, 4 AND 5 OF THE OFPICIAL SCHEDULE OF DISTRICT RE`,30 LAT IONS BY GENERALLY PERMITT(W(; FAMILY DAY CARE HOMES IN 'RS-1 AND RS-2 DISTRICTS; ONE -FAMILY DETACHED RESIDENTIAL,* TO ALLOW ADULT DAY CARE CENTERS IN THE RS-.1 AND RS-2 ONE -FAMILY DETACHED RESIDENTIAL DISTRICT BY CLASS C PERMIT IF LESS THAN 5 ADULTS, AND BY SPECIAL EXCEPTION IF 5 OR MORE At7OUCS SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF PROPOSi„_) ;t ,; "(;)N 2035 "ADULT DAY CARE CENTERS"; PROVIDING FOR MINIMUM OFF 13TREET PARKING REQUIREMENTS; TO GENERALLY PERMIT AID()I�T DAY CARE CENTERS, SUBJECT TO CLASS A PERMIT, IN R(3-2 GENERAL RESIDENTIAL DISTRICTS, SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION 2035 "ADULT DAY CARE CENTERS", PROVIDING FOR MINIMUM OFF-STREET PARKING REQUIREMENTS; BY PERMITTING CHILD DAY CARE CENTERS BY CLASS C PERMIT AS AN ACCESSORY USE TO CHURCHES AND SCHOOLS IN 03-1 GENERAL COMMERCIAL, DISTRICTS; AND BY ADDING THE WORD "DAY" TO "CHILD CARE CENTERS" THROUGHOUT THE SCHEDULE OF DISTRICT REGULATIONS FOR CbARITY; BY CORRECTING A TYPOGRAPHICAL ERROtt a:`;[_ N )-1 �I.t., 'ICE; INS'1 fTUTIONAL" BY CHANGING SECTIONS 3036.4 AND 3036.5 TO SECTIONS 20:36.4 AND 2036.5; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Tl).ircl; .0' iA's meeting of April 1, 1987, Item No. 2, following an advertised hearing, adopted Res+ 1.ut,ian PAB 26-87 by a vote of 7 to 1, RECOMMENDING APPROVAL, of am( -a ridi.tvj Ordinance No. 9500, as amended, as hereinafter set forth; and WHEREAS, the City Commi'ssi:on after carefu1 consideration of this matter deems iU and in the best interestof the 3 t 10363 gimeral welfare of the City of Miami and its inhabitants to amend Ordinance No. 9500 as hereinafter set forth; NOW, THEREPOREt 88 IT ORDAINED BY THE COMMISSION OF THE C".'ITY OF MIAMI, FLORIDA: Section I. Dtdinance 9500, the Zoning Ordinance of the City of Miami, F1r)rida, is here i.n amended in the foIIowinq respect:I ARTICLE 20 GEEN`ERAL AND SUPPLEMENTARY REGULATIONS Sec. 2035. Resey`ed Adult day_ care center Adultday care centers,_ if approved by appropriate regulatory agencies, shall be subject to the following zoning requirements and limitations. 2035.1. Adult day care center_ defined An adult day- care center is a facility which 2rovides limited supervision and basic services on a part time basis by day or evening, but not overnight to three (3) or more adults generally aged 60 years and over other than the family/employee occupying the premises, who cannot perform one or more aspects of daily living. The term does not include community based residential facilities, group homes, nursing home facilities or institutions for the aged. 2035.2. Minimum lot dimensions 2035.2.1. Adult day care centers for four (4) adults or less in RS-1, RS-2 and RG-1 districts; in other districts. Adult day care centers for four (4) adults or less may be established. in the RS-1, RS-2 and RG-1 districts on lots providing a minimum width of fife (50) feet and five thousand (5,000) square feet of net lot area. In other districts where adult day care centers 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, Asterisks indicate omitted and unchanged material. 4� :SiH are p-tml tte� no mi � i�Um 0t area i `i reuir_di__r:. o_ vi- d `Iall ether .�_ re! Uir lletlt i f0t Such centers are met 2035.2.2. Adult iX car.-e centers Cor Five - adults or more in �1871_1RS-2 and RG-1 distric is in othF�r- t i5tr-icts. 8xcepL as pr.(-)vided in 2035.2.1. above adult, day care centers for five _(5)_, or more but Iess than ten (10) adults shall be established .in RS--1, RS-2 and RG-�_l districts only on lots with minimum width of fifty (50) feet and a _minimun net lot area of seven thousand five hundred ,(7,500) square Eeet. Adult clay care centers Eor ten (10) or more adults shall be established in these districts only on lots with a minimurn width of one hundred (100) feet and a minimum net lot area of ten thousand (10,000) square feet. These limitations Shall not apply in other districts where adult day Care centers are perfnitted or are n(--r_misii.l-)le bV special permit. 2035.3. %ocation of buildings_in RS-1, RS-2 and RG-1 districts; in nt-hnr r�i atrirf c Buildings containing anan adult day care center in RS-1, R5-2 and RG-1_ districts shall provide minimum side Zards as required for one -family detached dwellings in the district. 2035.4. Minimum area per occupant; other requirements. Adult day care centers shall provide a minimum of thirty- five (35) square feet of net floor area per adult participant consisting of, but not limited to bathroorn(s)', dining area(s), kitchen area(s), rest area(s) and recreation/leisure time area(s) and a private Eirst aid/counseling area. 2036. Child .21 care centers. Child day, care centers, if approved by appropriate regulatory agencies, shall be subject to the following zoning requirements and limitations; z OAS i' 2036,1, Access if within residenL-ial distrit>t. Within any RS-wl, RS-2, or RG-1 (Iistr. ict, vehicular entrances } to the grounds of such establishments desi(jned to accc.)mmodate ten (10) or more children shall be within three hundred (300) feet of arterial streets by normal vehicutar routes. This li+n tatit�n shat1. ►11�t apply to places of worship in tti��se districts or t6 centers in other zoning districts where child ±Ay care centers are permitted or permissible by special perinit. 2036.2. Minimum lot dimensions. 2036.2.1. Child day care centers for less than ten (10) children in RS-I, RS-2, and RG-1 districts; in ether districts. Child L care centers for less than ten (10) children may be established in RS-1, RS-2, and RG-1 districts on lots providing a minimum width of fifty (50) feet and five thousand (5,000) square feet of net lot area. In ether districts where child day care x` centers are permitted or permissible by special permit, no y minimum lot area is required, provided all other requirements for t such centers are met. 2036.2.2. Child day care centers for ten or more children in RS-1, RS-2. and RG-1 districts; in other districts. Except as provided in 2036.2.1.1 above, child day care centers for less than fifteen (15) children shall be established in RS-1, RS-2 and RG-1 districts only on lots with minimum width of fifty (50) feet and a minimum net area of seven thousand five hundred (7,500) square feet, provided that for the purpose of this provision, minimum lot width requirements shall be considered to be met if the portion of the lot containing the fenced play area required by section 2036.4 below is at least fifty (50)feet in width. child day care centers for fifteen (15) or more children shall be established in these districts only on lots with a minimum width of one hundred (100) feet and a minimum net area of ten thousand (10,000) squ.axe feet, provided that for the purpose of this provision, minimum lot width requirements shall be considered to 2036.t. Access if within residentiat district. j. Within any R5-10 RS-2, or RG-1 district, vehicular entrances to the grounds (aE such e5t.ablishments desi(Ined 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 day, care centers are permitted or permissible by special permit. 2036.2. Minimum lot dimensions. 2036.2.1. Child day care centers for less than i:en (l'0) children in RS-1, RS-2, and RG-1 districts; in other districts. Child day care centers for less than ten (10) children may be established in RS-1, RS-2, and RG-1 districts on lots providing a minimum width of fifty (50) feet and five thousand (5,000) square feet of net lot area. In other districts where child day care centers are permitted or permissible by special permit, no minimum lot area is required, provided all other requirements for such centers are met. 2036.2.2. Child day care centers for ten or more children in RS-1, RS-2 and RG-1 districts; in other districts. Except as provided .in 2036.2.1., above, child day care centers for less than fifteen (15) children shall be established in RS-1, RS-2 and RG-1 districts only on lots with minimum width of fifty (50) feet and a minimum net area of seven thousand five hundred (7,500) square feet, provided that for the purpose of this provision, minimum lot width requirements shall be considered to be met if the portion of the lot containing the fenced play area required by section 2036.4 below is at least fifty (50) feet in width. Child j care centers for fifteen (15) or more children shall be established in these districts only on lots with a minimum width of one hundred (160) feet and a minimum net area of ten thousand (10,000) square feet, provided that for the purpose of this provision, minimum lot width requirements shall be considered to 1036 be met if the portion. of the, lot containing the f..�3n�ec� play area required by section 2036.4 below is at Least one hundred (100) feet in width, ThenF� limitations shall, not. amply in other districts where child d care cent-(-":�r.s are permitted or are permissible by special permit. 2036.3, G-)cation of buildings in R.S--1, RS-21 arld RG-1 districts; in other districts. Buildings containing child care centers in R3--1, RS-2, and RG-1 districts shall provide minimum side yards as required for one -family detached dwellings in the district, 2036.4. Outdoor play area. Child jay care centers shall provide a securely fenced outdoor play area consisting of at least four hundred (400) square feet or seventy-flye -(�5s forty-five (45) square feet per child , whichever is greater. No such outdoor play area shall be located in any required front yard. Where the edge of any such outdoor play area is closer than thirty (30) feet to any side or rear lot 'line in an RS-1, RS-2, or RG-1 district, an 'intervening masonry wall or compact evergreen hedge not less than five (5) feet in height shall be maintained along such edge. This limitation shall not apply in other zoning districts where child day care centers are permitted or permissible by special permit. As an exception to this requirement, where child dry cane centers are established as accessory uses in shopping centers or other commercial establishments for short term care of children of shoppers, no outdoor play area need be provided. If provided, however, it shall conform to the fencing and screening requirements set out above. 2036.5, Limitation of location and hours for outdoor play activities, All outdoor play activities on the premises shall be conducted within the fenced play area, and if the fenced play. -5- area is within one hundred (100) fer, (�E an Occopie�I residence on adjoining propertvt such activities shall 'ne limited to the hours between 8:00 AM and 6.00 PM. Section 3600. Definitions Section 3602. Specific Adult Day Care Center (see Section 2035) Child day care center. A child day care center is an establishment where €asp—(4) eL— six (6) or more children, other than the members of the family occupying the premises, are cared for on a part time basis away from their own home by day or by night. The term includes day nurseries, kindergartens (other than in connection with other schools), day care centers or services, day care agencies, nursery schools, play schools, and similar care facilities primarily for preschool children. The term does not include community based residential facilities, family day 'care homes, foster homes, group homes, rehabilitation or detention centers, orphanages, or other places operating primarily for remedial care. Familv Dav Care Home. A familv day care home is an occupied residence, registered or licensed by the State of Florida, where five (5) or less preschool children from more than one unrelated family receive care on a regular part time basis by day or by night. The maximum number_ of five (5) preschool children includes _preschool children living in the home and preschool children received for care who are' not related to the resident caregiver. Flementar 'school siblings of the resc.ho.ol children received for day care may also be cared for outside of school hours Rrovided the total number of children, includin5 the care iver's own and those related to the caregiver does not IL03 El exceed ten (10) " * Section 2. Thj-� Schedule of District Regul.aY- ons is hereby amended in the following rc�.,3pect:s. "SCHE D(JUE OF wsni icr RE'(3101jAT IONS PRINCIPAL USNS .ANn STRUCTURES RS-1; RS-2. One -family Detached Residential Permitted Generally * * * * 8. Family Day Care Homes Permissible Only by Special Permit. 5. Child da.v care centers shall be permissible only by Class permit if for less than 10 children, special exception if for 10 or more children, subject h reg11ir.ements and of section 2036 "Child -lay care centers". 12 Adult day care centers shall he permissible only by Class C. permit if for four (4) adults or less, special exce tion• if for five (5) adults or more _subject to the requirements and limitations of Section 2035 "Adult Day Care Centers." MINIMUM OFF STREET PARKING REQUIREMENTS * RS-1; RS-2: ONE FAMILY DETACHED RESIDENTIAL * * * Child and adult day care centers: 1 space for each employee. In addition to providing offstreet parking, such establishments shall pro vi.:o safe and convenient facilities for loading and unloading children' and adults. PRINCIPLE USES AND STRUCTURES * w7- IL033 A (3- 2 G8NNRA,L k8smijovi,001 As for RC-1 A. 1. Child an,l adult lay care centers shall I),? only by Class A permit, subject to the an(I limitations of section 2036 "Child 112-y care centers" and Section 2035 "Adult i re centers," res)ectivesly. MINIMUM OPFSTREET HARK 1,1413, RG-2, R(3-2.1, -R(3-2.2, RG-3, GENERAL RESTDENTIAl-, Child and adult care center.;; =;p,ic,, Fr)r each employee. In addition to providing offstreet parking, such establishments shall provide safe and convenient ,facilities for boarding and unload[litj children and adults. 0-1 Office Institutional Permitted Generally 4. Child Llnv care centers subject to the requirements of .section 42036.4 and .5. CR-1 COMMERCIAL RESIDENTIAL (NEIGHBORHOOD) 4. Child day care center, subject to the requirements of Sectiorl 2.036.4 ciiid 5 :Accessory Uses and Structures CG. General Commercial (Generally) Permissible only by Special Permit 3. Child� day care center:i .or accessory use in churches, schools and other ap2ro2riate structures, snail be 2.ermi,ss,Lble only by Class C sj2ecial Cermit, 10363 Section 2. A11 car darts 7F ort"linanops in:,ofar s they are, inconsistent or i.n conflict with the provi5ic�ns �f this ordinance are hereby repealed. 5ecti�":>n 3, If any ��c�t ti.��n, part of section, par graph, clause, phrase or word of this ordinances i.s declared invalid, the remaining provisions of this ordinance shal_1, n+)t he aFFected. PASSED ON FIRST READING BY TITLE ONLY this 2nd day of December , 1987. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITIJE, oNL,Y this�10th day of December , 1987. AVIER L. SUAR , , MAYOR ATTEST. MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: CHRISTOPHER G. KORGE ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: LUCTA A. DOUG ERTY CITY ATTORNEY CGK/rd/M165 ;f tit -9- , Ia PLANNING FACT'SHEET APPLICANT City of Miami Planning Decartment March 13, 190 PETITION 2. Consideration of amending Zoning Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, ARTICLE 20 GENERAL - AND SUPPLEMENTARY REGULATIONS, by. adding a new - Section 2035 Adult Day Care Centers, providing . for definition, minimum lot dimensions, location of buildings in RS-1, RS-2 and RG-1 districts, required outdoor area, and appropriate requirements, limitations and conditions; by amending Section 2036 Child day care centers , Section 2036.4 as it pertains to outdoor play areas within child day care centers by adding the word "day" to "child care centers throughout Section 2036; amending ARTICLE 36 DEFINITIONS. Section 3602 Specific as it pertains to the deli ni cion of Child Day CareCenter and adding definitions for Family Day Care Home and Adult Day Care Center; by amending ithe Schedule of District Regulations to generally permit Family Day Care Homes in RS-1 and RS-2 'Districts; One -Family Detached Residential; to allow Adult Oay Care Centers in the RS-1 and RS-2 One -Family Detached Residential District by Class C permit if less than 5 adults, and by special,exception if 5 or more adults subject to the requirements and limitations of proposed Section 2036 "Adult Day Care Centers"; providing for minimum offstreet parking requirements to generally permit Adult Oay Care Centers, subject to Class A permit, in. RG-2 General 'Residential districts, subject to the requirements and limitations of Section 2035 "Adult Day Care Centers providing for minimum offstreet' parking requirements; by permitting Child Oay Care ,Centers by Class C Permit as An. accessory use, to churches and schools in CG-1 General Commercial Districts and by adding the word "day"' to "Child care centers throughout the' Schedule of District Regulations for clarity; by correcting a typographical error in 0.1 Office Institutional by changing Section 3036.4 and 6 to Section. 2026.4 and 5, REQUEST To amend Zoning Ordinance 9500 by adding Adult Day Care Centers and by amending existing Child Day Care Centers. P7w2l PLANNING FACV SHEET APPLICANT City of Miami Planninj Opeartment: March 13, 190 PETITION 2. Consideration of amending Zoning Ordinance 9500, as amended, the Zoning Ordinance of the ''City of Miami, Florida, ARTICLE 20 GENERAL - AND SUPPLEMENTARY REGULATIONS, by adding a new Section 2035 Adult Day Care Centers, providing for definition, minimum lot dimensions, location of buildings in RS-1, RS-2 and RG-1 districts., required outdoorr area, and appropriate requirements, limitations and conditions; by amending Section 2036 Child day care centers, Section 2036.4 as it pertains to outdoor play areas within child day care centers by adding the word "day" to "childcare centers throughout Section 2036; amending ARTICLE 36 DEFINITIONS. Section 3602* Specific, as it pertains to the definition `of Child Day Care Center and adding definitions for Family Day Care Home' and Adult _ 1generally i ng the Schedule of District Re Day Care Center, by amen Regulations to ge nera l l y permit Family Day Care Homes in RS-1 and RS-2 Districts; One -Family Detached Residential; to allow Adult Day Care Centers in the RS-1 and RS-2 One -Family Detached Residential District by Class C permit. if less than 5 adults, and by special exception, if 5 or more adults subject to the requirements and limitations of proposed Section 2036 "Adult Day Care Centers" providing for Iminimum offstreet parking requirements to generally permit Adult Day Care Centers, subject to Class A permit, in RG-2. General Residential districtsli subject to the requirements and l imi.tati ons of Section 2035 "Adult Day Care Centers", providing for minimum offstreet parking requirements; by permitting Child Day Care Centers by Class C Permit as an accessory use to churches and schools in CG-1 General. Commercial, Districts; and by .adding the word "day" to "Child care centers throughout the Schedule of District Regulations for clarity; by correcting -a typographical error in 0•I Office Institutional by changing Section 3036.4 and 6 to Section 2026,4 and S. REQUEST To amend Zoning Ordinance 9500 by adding Adult Day Care Centers and by amending existing Child Day Care Centers, 0 BACKGROUND The 19A5 Florida Legislature enacted Chapter 85i- 54, Laws of Florida, which iMCI Uded within the Department of Health and Rehabilitative Services an Advisory Council on Child Care. The Council produced a set of Child Day Care Standards (Chapter 1OM-12) which was adopted by the State Department of Health and Rehabilitative Services and put into effect on March 11,.1986. The 1986 Florida Legislature enacted Section 166.0445 Florida Statutes, which prohibits local governments from restricting Family Day Care Homes in residential zoning districts. Chapter 402.302 F.S. (1985) defines two types of Child Care Center facilities as follows: A "Child Care Facility" includes any child care center... w,"lic„ provs- child care for more than five (5) children...". A "Family Day Care Home" means an occupied residence, registered or licensed with the State of Florida, where five (5) or less preschool, s children... receive care on a regular part time basis...". J Metro Dade County operates two adult day care facilities in the City of Miami; provision for, adult day care facilities in the zoning ordinance should encourage, private enterprise facilities, These amendments would not only bring uniformity . among the State regulations and the City ordinance, but they would.also help increase the availability and affordability of child and adult day care in several areas of the City. ANALYSIS These amendments wojld: 1. Establish Adult Day Care Centers to provide limited, supervision and oasic services for adults generally aged 60' and over, but not overni g , These facilities, if for four adults or less could be established in the RS-11 RS-2, and RG-1 districts by Class C permit on 5,000 square foot lots. PAS 4/1/$7 Item *2 Page � 1036261 t. L. 4 These facilities, if for 5-9 adults could only be established in RS-1, RS-2 and RG-1 districts by special exception on 7,500 square foot lots. - These facilities, if for 10 or more adults, could only be established in RS- 1, RS-2 and RG-1,districts by special exception and on 10,000 square foot lots. These facilities could be located in the RG-2 and other residential districts by Class A permit without regard to the number of adult clients or to lot size. The minimum area per adult participant is 35 square feet. The minimum parking requirement is one parking space per employee. 2. Two definitions, one new and one revised have been added "Family Day Home" is defined as a facility with S or less pre-school children; "Child Day CIFF Center" is a facility witH 6 c , ren or more rather than 4 or, more ,n the ex sting text. 3. The outdoor play area for child day care centers is . re uce rom 75 to 45 square feet per child to agree with state 'sandards. The requirement of a 400 square foot minimum size play area would be retained. 4. Child Day Care Centers will be permissible by . ass C special, permit as a secondary accessory use .to churches and school in the , strict: "'i ni s ,s specifically inten3ed to Mow child day care centers as secondary uses within churches, schools and other structures, not as a principle use, This would help to relieve the shortage of child day care centers in certain areas of the City ( such as Little Haiti) where CG zoning is prevalent. S. For clarity, the term, "Child Care Center" is expanded to "Child Day Care, Centers RECOMENQATiONS PLANNING QCPT, Approval. PAB 4/1/87 PLANNING ADVISORY At its meeting of April 1, 1987, the Planning BOARD Advisory Board adopted Resolution PAS 26-87, by a 7 to 1 vote, recommending approval of the above. CITY COMMISSION At its meeting of May 28, 1987, the City Commission continued the above to its meeting of June 25, 1987. At its meeting of June 25, 1987, the City Commission continued the above to its meeting of July 23, 1987. At its meeting of July 23, 1987, the City Commission continued the above to its meeting of September 22, 1987. At its meeting of September 22, 1987, the City Commission continued the above to its meeting of October 22, 1987. At its meeting of October 22, 1987, the City Commission continued the above to its meeting of November 12, 1987. The decision of the December 2nd meeting will be presented at the December loth City Commission hearing. PA8 4/1/87 item #2 Pace 4 DltY 6. #AMI, 100ft1bA i WAL NO tIOt All interested persons will take notice that on the LOTH day of December, 1987, the City Commission oI Miami, Florlda. adopted the following titled ordinances' ORDINANCE NO. 10355 AN EMERGENCY ORDINANCE EXTENDING A MORATORIUM ON THE COLLECTION OF IMPACT FEES AS ORIGINALLY IMPOSED PURSUANT TO ORDINANCE NO. 10273, ADOPTED MAY 28. 1987, TO LAST UNTIL JANUARY 28, 198& ORDINANCE NO. 10356 AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFI• CATION FROM FIG•113 TO RG•2/5 FOR THE AREA GENER• ALLY BOUNDED 13Y COCOANUT AVENUE ON THE SOUTH; A LINE PARALLEL TO VIRGINIA STREET AND LOCATED APPROXIMATELY 150 FEET EAST OF It ON THE WEST; A LINE PARALLEL TO COCOANUT AVENUE AND LOCATED . 150 FEET NORTH OF IT ON THE NORTH; AND A LINE PAR- ALLEL TO SOUTHWEST 27TH AVENUE AND LOCATED APPROXIMATELY 150 FEET WEST OF IT ON THE EAST: MAKING FINDINGS, AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 42 OF THE ZONING ATLAS: CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO.1035T wA MIA' Rr`',E,A, G Y YV AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DIS- TRICTS BY ADDING A NEW 'SECTION 15190 SPI.19 LOCO- Le;sl Nn;irJays NUT GROVE OVERLAY DISTRICT, SECTION 15191 INTENT, AND SECTION 15192 EFFECT OF 8PI-19 DISTRICT DESIG- NATION, THE PURPOSE OF WHICH IS TO REQUIRE THAT STATE OF FLORIDA ALL PARKING SHALL BE LOCATED ONSITE; CONTAINING COUNTY OF DADE: A REPEALER PROVISION AND A SEVERABILITY CLAUSE, nod authority Before the Undersigned y personalty appeared Sookie Williams, who on oath says that she is the Vice ORDINANCE NO. 10358 AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS, President of Legal Advertising of the Miami Review, a daily PAGE 42, OF ORDINANCE 9500, AS AMENDED, BY APPLY - iexcept Saturday, Sunday and Legal Holidays) newspaper, Published at Miami in Dade County, ING SPI.19 COCONUT GROVE OVERLAY DISTRICT TO THE AREA GENERALLY BOUNDED BY COCOANUT AVENUE ON Florida: that the attached COPY of advertisement being a Legal Advertisement of Notice THE SOUTH; A LINE PARALLEL TO VIRGINIA STREET AND in the mailer of LOCATED APPROXIMATELY 150 FEET EAST OF IT ON THE. CITY OF MIAMI WEST; A LINE PARALLEL TO COCOANUT AVENUE AND ORDINANCE NO. 10363 LOCATED 150 FEET NORTH OF iT ON THE NORTH; AND A , LINE PARALLEL TO SW 27TH AVENUE AND LOCATED APPROXIMATELY 150 FEET WEST OF IT ON THE EAST; RETAINING THE UNDERLYING ZONING DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. X X X ORDINANCE NO. 10359 n the AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- Court, NANCE NO, 9500, THE ZONING ORDINANCE OF THE CITY vas published in said newspaper in the issues of OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI- FICATION OF APPROXIMATELY 5959_NORTHWEST 7TH Dec. 18, 1987 STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-3/5 GENERAL RESIDENTIAL TO 0.1/7 OFFICE -INSTITUTIONAL BY MAKING FINDINGS; AePuj /UaA3 Alfiant further says that the said Miami Review is a "';)IRIS„ Ul llllUleld ewspaper published at Miami unsaid Dade County, Florida. no that the said newspaper has heretofore been continuously aPtn�,3uean2�5aa VS(1 3Hl `:JO U301330 NV, SUIV3dV ubrished in said Dade County, Florida, each day texcept atwday, Sunday and Legal Holidays) and has been entered as aJn3eaa4jl SNVH313A d0 HOiVI1iSINIWOb', — icon, class mail matter at the post office in Miami in said ado County. Florida; for a J15itUt '�Jt/ r t NOISIAIO period of one year next preceding ,e first publication of the attached copy of advertisement; and fianl f i NOIl010SIWnr lV83N39 i 50':NOISIAIO er says that she has neither paid nor promised any trson, If or corporation any discount, rebate. commission 4 VO 6Z5Zt• 18 :ON 3SVO ref of for the purpose of securing this advertisement for rblic ti non the said newspaper. f VOIHO-13 'AiNnOO 30Va d03 I ONV NI i1nou10"lVID1011f II 3H1301tih00 ilnou103H1 NI Z,Q ! t Z1+L 1l~ ON Nye VOlttilO1d %—' �/ ' � NOIlOV 30 30110H IZLC-ltC t71.11SS� lJ A13IA3H -1"IYJ ubscribed before me this tSN0I1,73N1i07 WLIIIZI L8 QTA, _ Y A.D. is $ $ 321ti�032f $t lliZl ION) S3JNVw) do1_-). £EEL 85£ :auotldatal LeLce ept,1ol� 6ep)i j niUi it2puoW Wb anli13 aio4SAUS S IILI cf a ere Nof b Slate � 41.1�1� aaolaq aat110 mo oiul uo119ajaoa goo) USA013 'pe of F onda at Large II auogd =4 ul sieadde 1a,a ; V'd li31s83M •V HiUVD 3 -pe due ' (jail II palilsselo to ,Uotuasur . :anlleluasaada>j o ts�+of��spk'es u1 1990, aa1o9u1 UL' 101 dep I,Ue41 alow 101 I IBU08Jad aol hawol3V q!suodSal aq IOU 11!M MOIAD13 ayl , telcc ePljold `Iu1e1W Boot, 41tI +inlaq a�gysdea •g I t l L d31Se3M'V HlliVO ;anlleluasaided leuosaad ! 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C)!!R &R IN.Rlt Alt.t '.pl~'I.PF Alf.} MIAMI REVIEW nutAShnrJ Daliq eevew Saiur_mv `_ i n,i;i� .),ld Legai Hoiwav, Mfarn�. Dade t.',Cuolfvn.,,.;a 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 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 ORDINANCE NO. 10363 n the X X X Court, vas published in said newspaper in the issues of Dec. 1-8, 1987 Alfiant further says that the said Miami Review is a ewspaper published at Miami in said Dade County; Florida,. nd that the said newspaper has heretofore been continuously ubtished in said Dade County. Florida, each day lexcept aturday. Sunday and Legal Holidays) and has been entered as icondclass mad matter at the post office in Miami in said ade County, Florida, .for a period of one year next preceding e first publication of the attached copy of advertisement: and fiant IWVer says that she has neither paid nor promised any lrson, lir or corporation any discount, rebate, commission rel d for the purpose of securing this advertisement for rblic li n in the said newspaper, % ubscribed :before me this r y/_ �. A . 19 88 4 Not. b Slate of F orida at Large ��701_10 4 esr tI , 1990. Ft ORIUA 4 m dItY C,. .,,AMI, PL,ONIbA t,E6AL NI:titICE All interested persons will take notice that on the 10TH day of December, 1987, thf, City Commission. of Miami. Florida, adapted the following titled ordinancos� ORDINANCE NO. 10355 AN EMERGENCY ORDINANCE EXTENDING A MORATORIUM ON THE COLLECTION OF IMPACT FEES AS ORIGINALLY IMPOSED PURSUANT TO ORDINANCE NO. 10273, ADOPTED MAY 28, 1987, TO LAST UNTIL JANUARY 28, 1988. ORDINANCE NO. 10356 AN ORDINANCE AMENDING ORDINANCE NO, 9500. AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF ► IAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFI- CATION FROM RG-113 TO RG-215 FOR THE AREA GENER, ALLY BOUNDED BY COCOANUT AVENUE ON THE SOUTH; A LINE PARALLEL TO VIRGINIA STREET AND LOCATED APPROXIMATELY 150 FEET EAST OF IT ON THE WEST A LINE PARALLEL TO COCOANUT AVENUE AND LOCATED 150 FEET NORTH OF IT ON THE NORTH; AND A LINE PAR- ALLEL TO SOUTHWEST 27TH AVENUE AND LOCATED APPROXIMATELY 150 FEET WEST OF IT ON THE EAST; MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 42 OF THE ZONING ATLAS; CQNTAINING A REPEALER PROVISION AND A SEVERABIL- ITY'CLAUSE. ORDINANCE NO,-1035t AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DIS. TRICTS BY ADDING A NEW SECTION 15190 SPI.19 COCO= NUT GROVE OVERLAY DISTRICT, SECTION 15191 INTENT, AND SECTION 15192 EFFECT OF SPI.19 DISTRICT DESIG- NATION, THE PURPOSE OF WHICH IS TO REQUIRE THAT . ALL PARKING SHALL BE LOCATED-ONSITE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10358 AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS, PAGE 42, OF ORDINANCE 9500, AS AMENDED, BY APPLY- ING SPI.19 COCONUT GROVE OVERLAY DISTRICT TO THE AREA GENERALLY BOUNDED BY COCOANUT AVENUE ON THE SOUTH; A LINE PARALLEL TO VIRGINIA STREET AND LOCATED APPROXIMATELY 150 FEET EAST OF 1T ON THE WEST; A LINE PARALLEL TO COCOANUT AVENUE AND LOCATED 150 FEET NORTH OF IT ON THE NORTH; AND A LINE PARALLEL TO SW 27TH AVENUE AND .LOCATED APPROXIMATELY 150 FEET WEST OF IT ON THE EAST; RETAINING THE UNDERLYING ZONING DISTRICT,; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. . ORDINANCE NO._10359 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO, 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; BY CHANGING THE ZONING CLASSI. FICATION OF APPROXIMATELY, 5959 NORTHWEST 7TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG3/5 GENERAL RESIDENTIAL TO 0.117 OFFICE -INSTITUTIONAL BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 30 OF SAID ZONING ATLAS MADE A PARTOFORDI. NANCE NO., 9500 BY REFERENCE AND DESCRIPTION IN - ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO. 10360 AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,' BY AMENDING ARTICLE 20, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS"; SEC- TION 2026 ENTITLED "SIGNS,. SPECIFIC LIMITATIONS AND REQUIREMENTS"; SUBSECTION 2026.15. ENTITLED "OUT, DOOR ADVERTISING SIGNS''; AND PARAGRAPH 2O26.15,2,1., BY REDUCING THE NUMBER OF OUTDOOR ADVERTISING SIGNS FROM A MAXIMUM OFTEN (10) TO NINE (9) WHICH MAY FACE LIMITED ACCESS' HIGHWAYS, WITHIN TWO HUNDRED (200) FEET OF THE WESTERLY SIDE OF 1.95* RIGHT-OF-WAY LINES, OR OF ANY LIMITED ACCESS HIGH- WAY INCLUSIVE OF EXPRESSWAYS WESTERLY OF 1.95; CONTAINING, A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO. 10361 AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROPERTY LOCATED AT: APPROXIMATELY 3151.31.99 SOUTHWEST 27TH AVENUE, 2660 LII,4COLN,AVENUE AND 2699 TIGERTAIL AVENUE (MORE PARTI�L't* 15iRLY `''f3�RIBED HEREIN)` BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE HIGH DENSITY RESIDENTIAL TO COMMERCIAL RESIDENTIAL USE MAKING FINDINGS CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. 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