Loading...
HomeMy WebLinkAboutR-81-0721RESOLUTION NO. 81 .. 7 2 1 A RESOLUTION APPROVING A REQUEST TO OPERATE A CUBAN MUSEUM OF ARTS AND CULTURE IN FIRE STATION NO, 15 ON LOTS 10, 11, 12, and 13; BLOCK 1; BRICKELL ESTATES (17-51), BEING APPROXIMATELY 1300-1318 SOUTHWEST 12TH AVENUE, PER ORDINANCE 6871, ARTICLE XXI-2, SECTION 3 (1,2), AS PER PLAN ON FILE; ZONED R-1 (ONE FAMILY DWELLING), PROPOSED TO BE RE- ZONED GU(GOVERNMENTAL USE); FINDING THAT THE ESTABLISHMENT OF THIS USE IS (a) COMPATIBLE WITH THE SURROUND- ING NEIGHBORHOOD; (b) NOT IN CONFLICT WITH PLANNING FOR THE AREA; (c) READILY ACCESSIBLE; (d) NOT ADVERSE IN IMPACT TO THE SURROUNDING NEIGHBORHOOD; (e) RETAINS THE PRESENT RESIDENTIAL SCALE OF FIRE STATION NO. 15; (f) RETAINS THE EXTERIOR DESIGN OF THE BUILDING (g) PROVIDES AN IMPORTANT CULTURAL COMPONENT TO THE CITY. WHEREAS, the Miami Planning Advisory Board, at its meeting of July 1, 1981, Item No. 2(b), following an advertised hearing, adopted Resolution No. PAB 42-81 by a 6 to 0 vote (2 members absent) RECOMMENDING APPROVAL be granted to operate a Cuban Museum of Arts and Culture in Fire Station No. 15, as hereinafter set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant the Approval, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request, as per Ordinance No. 6871, Article XXI-2, Section 3(1-2), to operate a Cuban Museum of Arts and Culture in Fire Station No. 15, on Lots 10, 11, 12, and 13; Block 1; Brickell Estates (17-51), being approximately 1300-1318 Southwest 12th Avenue, as per plan on file, zoned R-1 (One Family Dwelling), proposed to be rezoned GU (Governmental Use); finding that the establishment of this use is (a) compa- tible with the surrounding neighborhood; (b) not in conflict with planning for the area; (c) readily accessible; (d) not 1 a CITY COMMISSION MEETING OF JUL2 31981 04. IL p..• 7 Xm, za Advatae in impact to the surrounding neighborhood) (e) retains., #t. ,: the residential scale of Fire Station No. 151 (f) retains the eXtorior design of the building and (9) provides an important cultural component to the City, be and the same is hereby granted. PASSED AND ADOPTED this 23rd day of July, 1981. NI-1 ATTEST: PH G. ONGIE CITY CLERK PREMED AND APPROVED BY: Maurice A. Ferre MAURICE A. FERRE, MAYOR rot. 2 APPU CANT PETITION PLAN'N'UM PACT SH9ET 4 City of of Miami Planning Department: June 8, 1981 " 2. APPROX114ATELY 1300-1318 SW 12TH AVENtM Lots 10, 11, 12, 13 Block 1 SRICKELL ESTATES (17-51) a) Per City Commission Motion 81-465; a May 28, 1981, Consideration of a change of zoning classification of the above site from R-1 ONE FAMILY DWELLING to GU GOVERNMENTAL USE DISTRICT and b) Consideration of recommending per- mission to operate a Cuban Museum of Arts and Culture in Fire Station No. 15 on the above site, per ARTICLE XXI-2 GU GOVERNMENTAL USE Section 3 (1,2); zoned R-1 (Single Family) proposed to be rezoned to GU Govern- mental Use REQUEST To allow operation of a Cuban Museum of Arts and Culture at Fire Station No. 15. BACKGROUND By Motion 81-465; May 28, 1981, the Com- mission stated their intention of assisting the Cuban Museum of Arts and Culture Inc. by leasing to them Fire Station No. 15 provided however that, among other require- ments, that the site be properly zoned for this use and that a public he;u•ing be Yield on the zoning recommendation to allow neigh- bors to express their opinion. ANALYSIS: Rezoning of the Fire Station to GU Govern- mental Use would allow governmental uses, such as museums on the site. The Cuban Museum would occupy the existing Fire Station. The small parking area on site would accommo- date the staff and limited number of visitors. It is understood that the Museum will arrange for additional parking with Saints Peter and Paul Church. Y vr In t r fr P.MM MNDAT10N PLANNING A) Approval of the Change of 'Zoning and DMATHENT 'b) Approval of the operation of the ,f Cuban Museum of Arts and Culture based on the following factors, , 1. This use is compatible with the surrounding neighborhood, being 1 residential and school uses. 2. This use is not in conflict with . planning for the area. PLANNING ADVISORY BOARD 3. The site is readily accessible for SW 12th Avenue, a major arterial. 4. There will be no adverse impact on adjacent properties by the Museum. 5. The re -use of the fire station will retain the residential scale of the building. 6. Use of the fire station by a museum does not contemplate any changes in the exterior features of the design, except for additional landscaping. 7. Use of the fire station as a museum provides a non -essential but important cultural component of the City. (a) RECOMMENDED APPROVAL on July 1, 1981 by a 6 to 0 vote. (b) RECOMMENDED APPROVAL on July 1, 1981 by a 6 to 0 vote. . _ _ ._ _�o..• 1 = � 1 1 Z 4 .� /// ..✓�� E�I�rli«tC� i Q9 •fE U 4tZ6A. �s `.`\ i 9c. OR1116w°y -- /oeZ •. 1 1 / I / 11 1rn 'o `�K1571Nl� SOD, �{ iENOtt►1��✓I p ad'd ra s. s : 1300 S w 17 ' ` Avs. FIN Sw 12T" AVE. /2 la BLOG,e D i Gn, F'�r�1 fiE•'6�3 . !f J/7 c. S.f. /; QOD 9 M Ci+fC 43 4, -4 tt, �4' V rl u s. C3 q�paoaa � 0 rM a a Q ao I , . . . O-1r, /,,,< -5477 n I I I z-ee Q D PIP GiOQ Lri 2, 2 r� 61i' MA y r ��+�¢ ,�c n �I`� i G'K��I'�aat t�i��i'�l�iil��t�lrrl y�fit+ V` rid V. Gary July 69 1981 Act. sueect CHANGE OF ZONING-NECOMMEM r A SW l2 AvenueEgp.1300-18 MMISSION AGENDA -July 23, 1981 an . er u � ,� psN� LANNING AND ZONING ITEMS Di rec o P1 anni ng and Zoning Boards �kc�osur+`s. Administration The Miami Planning Advisory Board, at its meeting of July 1, 1981, Item #2(a), following an advertised Hearing, adopted Resolution No. PAB 41-81 by a 6 to 0 vote (2 members absent) RECOMMENDING APPROVAL of a Chanae of Howard V, Gary Cit Manager Dirac i o E . Perez-Lu . n Planning and toning Boards Administration drry 6P M)Amf� - artrbA INtt-ft-6PPICt AAeMOAANOUM tatE July 6, 1981 cux�tctGOVERNMENTAL USE-RECOMMENDEb LL App, 1300-18 SW 12 Avenue COMMISSION AGENDA -July 23, 1981 PLANNING AND ZONING ITEMS Rr%FERENL6o: HNCLOSUFF.S. The Miami Planning Advisory Board, at its meeting of July 1, 1981, Item #2(b), following an advertised Hearing, adopted Resolution No. PAB 42-81 by a 6 to 0 vote (2 members absent) RECOMMENDING APPROVAL be granted to operate a Cuban Museum of Arts and Culture in Fire Station #15 on Lots 10, 11, 12, and 13; Block 1; BRICKELL ESTATES (17-51), being approxi- mately 1300-1318 S.W. 12th Avenue, per Ordinance 6871, ARTICLE XXI-2, Section 30 ,2), as per plan on file; zoned R-1 (One Family Dwelling), proposed to be rezoned GU (Governmental Use); finding that the establish- ment of this use is (a) compatible with the surrounding neighborhood; (b) not in conflict with planning for the area; (c) readily accessible; (d) not adverse in impact to the surrounding neighborhood; (e) retains the present residential scale of Fire Station #15; (f) retains the exterior design of the building and (g) provides an important cultural component to the City. Nine objections received in the mail; one objector present at the hearing. Nine replies in favor received in the mail; fourteen proponents present at the hearing. A RESOLUTION to provide for this Governmental Use has been prepared by the City orney's office and submitted for consideration of the City Commission. AEPL:cm cc: Law Department NOTE: Planning Department recommendation: APPROVAL. 11 ORDINANCE NO. AN ORDINANCE A14ENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 10, 11, 12, AND 13; BLOCK 1;BRICKELL ESTATES (17-51), BEING APPROXIMATELY 1300-1318 SOUTHWEST 12TH AVENUE, FROM R-1 (ONE FAMILY DWELLING) TO GU (GOVERNMENTAL USE DISTRICT, AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT: AND CONTAINING A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board at its meeting of July 1, 1981, Item No. 2(a), following an advertised hearing, adopted Resolution No. PAB 41-81, by a 6 to 0 vote (2 members absent) RECOM ENDING APPROVAL of a change of zoning classification 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 grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by changing the zoning classification of Lots 10, 11, 12, and 13; Block 1; BRICKELL ESTATES (17-51), being approximately 1300-1318 Southwest 12th Avenue, from R-1 (One Family Dwelling) to GU (Governmental Use District), and by making the necessary changes in the zoning district map made a part of said Ordinance No. 6871, by reference and description in Article III, Section 2, thereof. Y Section 2, That all Ordinances, bode Sections or Part# thdreof it conflict herewith be and the same are hereby repealed bf ,. irnsofar as they are Section 3. in conflict. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this day of , 1981. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of 1981. ATTEST: RALPH G. ONGIE CITY CLERK MTpp bjgUUTUa COL rpG gL6g: (C) L6ggTTA 9CC622Tpj6: (g) UOr pTpTs MTpp pPG eaLLoaugrua u6Tappozpooq! (p) UOp Tu COUTTTCp n26): ZTugrua pP9P Cp6 62�P9pTT4wsUP Ot ppT2 a26 T2 (9) cowbg- (OU6 LgWTTA DMGTTTud)' bLobo26q ;o ps Lssousq en (C0AGLUWGU4:9T T300-T3T8 2004:PAG 24: TSFP bn6un6' g2 bsL bjgu Ou ITTs' sousq g-T gug T31 BTOCK T! BLTCKsTT E2PgP62 (TA-2T)' PGTua gbbL0XTw9psT7► bz4:2 guq CaT-PaL6 Tu ETL6 UgPTOu yo• 12' ou ro;2 TO' TT' T31 YLpTCT6 XXI-S' 26C.PTOU 3(T-S)' 4:o obGLg;6 g CApgu Wnasaw 01 26c.PTou To yp6 L6das2�p' g2 b6L OLgrugucs moo e8AT' SHE CIIA OE WIVWI' ErOHIDV: ROM' SHEISELONE' BE IZ HE20rAED BA SHE C014WI22IO14 OE 26.P JOLpP: WTSWT guq T4:2 Tup9pTp9uP2 4:O dLgup pp6 vbbLOAgT' 92 PGLGTUglf6L Tu Pp6 p624: TUP6L62�P 01 4:p6 a6U6L91 M6T19L6 01 Pp6 CT;X 01 MHEKEH2' �Pp6 CTpX COWWT22TOu gs6w2 T; ggAT29pT6 guq P6L6TUgE4:sL MP EOL4:p: guq g Capgu Wa26rnu oZ vt4:e guq CaT;aLs Tu ETL6 2;9;Tou Ho • T2 ` 92 (S W6i;Ip6L2 gp26U;) KECOWNEZDIMC VbbKOAvr p6 aLgU;6q ;o obexg;6 p6gLTud' ggob;sq K620Ta;Tou NO* bVB 13-8T P7 g e ;o 0 Ao;s u166;Tua 01 ZaTA T' Ta8T' Ip6W Ho• S(p)' r,-oTTOMTud gU 99AGL;T26q MHEHEV2' �PP6 WTgWT bj9UUTua VgAT201J� BOgLq' 9.9 T4:2 COWbOMEMI ZO SHE CIZA' (a) bHOAIDE2 VM IWbouivmi cnrsnHNr SHE EXIEHIOK DE2ICD1 OE SHE BAIPDIMC OE LIRE 21VIIOM NO* T2 ! M FSEIVIM2 HEIVIM2 SHE bHE2EMI HE2IDEMlivr ecvrE ZO SHE 2nHHOnMDI14C MEICHBOiSHOOD I ( 6 ) VCCE22IBrE! (q) DiOI NDAEH2E IDl IWbbCs MIIH brvL1D ime LOIS SHE VISEV = ( C ) KEbDIrx INC 14EICHBOHHOODI (P) ➢oi IN conrICs I2 ( g ) COGibviiBPE MIIH SHE 2nHKOnMD- IHVI SHE EaivBPI2HWEDl OE ZHI2 n2E SO➢lED Cn(COAEBMWEmivr ME)! LIMDI14C EbWIrx DMErrizc)' bFSObO2ED SO BE BE- BEH brvm OR EIrE t SOMED H-T (ONE vHSICPE XXI-S' 2ECII00, 3 (T'5)' N2 T 31H bAEDinE' bEH ONDI14VMCE e 8 A T' VbbHOXIilVlErx T300-T3T8 20M ME2s BHICKEPr E21VIE2 (TA-2T)' BEIRC rose To' TT' TS' suq 13! Brocx it CnrsnHE IN EIHE 21VSIOM NO* T2 OR ObEWIE b CA)3VM Wn2EnW OL V1512 V14D b HE20rniiom vbbKOAImc b HEME21 SO KE20rns Iom moo gge it, impact to the sur round .ftg heighiorhoodl (a) r;. teeidential scale bf Piro St-&tioft NO& 151 rrtaint the - � z exterior design of the Wilding and (9) provides an important eultaral component to the City, he and the same is hereby granted." RALPH G. ONGIE CITY CLERK PRE ARED AND APPROVED BY: A. VA LEN E SISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS.* ; �k GE E F KNOX JR . f . . CIT ATTORNEY y } A N; 44 S n 1 r ♦ k AMP IN x{ x APPLICANT P'TITION , 1 PLAMtRO PACT SHEET City of Miami Planning Departmew 1981, Consideration of amending Comprehensive 26tling Ordinance 6871 by 1) Deleting Sub -paragraphs (26-C) FACILITIES FOR DEVELOPMENTAL DISABILITIES, (58-A) RESIDENTIAL GROUP HOMES FOR DEVELOPMENTAL DISABILITIES, and (88-B) SUBSTANCE ABUSE FACILITIES - RESIDENTIAL from Section 2 of Article II and adding Sub -paragraph (18-B) COMMUNITY -BASED RESIDENTIAL FACILITY TO Section 2 of Article II; and 2) Deleting Section 43 SUBSTANCE ABUSE FACILITIES and Section 45 RESIDENTIAL GROUP H0MES FOR DEVELOPMENTAL DISABILITIES from Article IV; and 3) Adding Section 43 COMMUNITY -BASED RESIDEN- TIAL FACILITIES to Article IV, providing regulations for a) conditional use approval, b) registration, c) location standards, d) usable open space, e) parking, and f )' signs; and 4) Adding Sub -paragraph (n) Section 1 (6) of Article V, providing for community - based residential facilities; and 5) Deleting Sub -paragraphs (d) Substance Abuse Facilities and (f) Residential Group Homes for Developmental Disabilities from Section 1 (4-A) of Article VI; and 6) Adding Sub -paragraph (g) to Section 1 (4-A) of Article VI, providing for community - based residential facilities; and 7) Adding*Sub-paragraph (d) to Section 1 (6-B) of Article VII, providing for com- munity -based residential facilities; and 8) Deleting "and Residential Group Homes for the Developmental Disabilities" from Sub- paragraph (c) of Section 1 (11) of Article VIII; and REQUEST 9) Adding Sub --paragraph (h) to Section i (1.1) of Article VIII, providing for community --based residential facilities; and 10) Adding Sub -paragraph (f) to Section 1 (6) ' of Article X, providing for community -based residential facilities; and 11) Adding Sub -paragraph (e) to Section 1 (2-A) of Article X-1, providing for community - based residential facilities; and 12) Adding Sub -paragraph (f) to Section 1 (5) of Article XI, providing for community - based residential facilities; and 13) Adding Sub -paragraph (k) to Section 1 (7) of Article XI-3, providing for community - based residential facilities; and 14) Adding Sub -paragraph (i) to Section 1 (33) of Article XII, providing for community - based residential facilities; and 15) Adding Sub -paragraph (i) to Section 1 (21) of Article XIV, providing for community - based residential facilities. To establish zoning regulations for community - based residential facilities in the City of Miami. BACKGROUND These zoning changes were recommended in the Community -Based Residential Facilities Study approved in principle with amendments by the Planning Advisory Board on December 19, 1980. The City Commission approved in principle the same study on December 27, 1979. On September 17, 1980, the Planning Advisory Board adopted Resolution No. PAB 25-180, which recommended the proposed zoning changes with amendments. Because the City Commission failed to act upon the proposal within the 90-day time limit specified in Article XXX, Section 13 of Comprehensive Zoning Ordinance 6871, the proposed amendments for community -based resi- dential facilities have been referred back to the Planning Advisory Board. ANALYSIS The Community -Based Residential Facilities Study identified several problems associated i with community -based residential faoi lities in Miami: 1) the lack of a comprehensive approach to these facilities in the zoning ordinance, _ ") the lack of suitable classifications for the facilities in the zoning ordinance, 3) the lack of guidance in the zoning ordinance as to what kinds of neighbor- hoods are suitable for community -based residential facilities, 4) the concentration of these facilities in the City and within certain City neighborhoods. The proposed zoning regulations address these problems by a) proposing a single definition and set of regulations for all types of com- munity -based residential facilities, b) propos- ing that community -based residential facilities be allowed in all residential districts and the C-1 and C-2 commercial districts according to the size of the facility, and c) proposing location standards to control the number of facilities in City neighborhoods. RECOMMENDATION PLANNING DEPARTMENT APPROVAL. PLANNING AD- Deferred on April 15, 1981 by a 7-0 vote. VISORY BOARD RECOMMENDED APPROVAL on May 20, 1981 by a 6 to 0 vote. CITY COMMISSION APPROVED AS AMENDED ON FIRST READING June 25, 1981. 77 { ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY MAKING AMENDMENTS TO COMPREIiENSIVE ZONING ORDINANCE 6871 PER- TAINING TO COM14UNITY BASED RESIDENTIAL FACILITIES BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board at its meeting of May 20, 1981, Item #2, following an advertised hearing, adopted Resolution No. PAB 28-81 by a 6 to 0 vote (2 members absent) RECOMMENDING amendments to Comprehensive Zoning Ordinance 6871, 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 grant this change of zoning classification, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 6871, as amended, the Compre- hensive Zoning Ordinance for the City of Miami, is hereby amended pertaining to Community -Based Residential Facilities, as follows: 1/ A. ARTICLE II "DEFINITIONS" Section 2 "Terms Defined" is amended by: 1. Deletion of entire Subsection (26-6) "Facilities for Developmental Disabilities"; Deletion of Subsection (58-A) "Residential Group Homes for Developmental Disabilities"; Deletion of Subsection (88-B) "Substance Abuse Facilities - Residential"; 2. Re -numbering Subsection (88-C) of said Section 2 to read (88-B); 1/ Words and/or figures stricken through shall be deleted, underscored words and/or figures constitute the amendment. 3. A new Subsection (18-S) of said Section 2 is hereby added to read as follows: "(18-B) COMMUNITY -BASED RESIDENTIAL FACILITY A facility that provides room with or without board, resident services, and 24-hour supervision. Such a facility functions as a single housekeeping unity and is licensed or approved by an authorized regulatory agency. This category includes adult congregate living facilities; residential facilities for alcohol and drug rehabilitation, for develop- mentally disable persons, for persons with mental healty problems, and for dependent children; and juvenile and adult residential correctional facil- ities, including halfway houses. The defined terms FAMILY, HOUSING FOR THE ELDERLY, ROOMING HOUSE, TOURIST HOME, APARTMENT HOTEL, APARTMENT BUILDING, HOTEL AND MOTEL, and the term "homes for foster children" shall not be construed to mean community - based residential facility." I. B. ARTICLE IV "GENERAL PROVISIONS" is amended by: 1. Deletion of entire Section 43 "Substance Abuse facilities" and substituting in lieu thereof a new Section 43 to read as follows: Section 43 COMMUNITY -BASED RESIDENTIAL FACILITIES (1) All proposed community -based residential facilities must receive conditional use approval and shall comply with the follow- ing provisions: (a) Prior to consideration of Conditional Use Approval, all proposed community - based residential facilities shall be inspected by Miami Building and Fire Inspectors. A total floor plan of the proposed facility shall be submitted as a supporting document prior to the Conditional Use hearing. The Miami Building and Fire Inspec- tions Divisions shall submit to the Zoning Board their evaluation and recom- mendations as to conformance of the proposed facility with the Miami Building and Fire Codes. These re- commendations shall include the max- imum number of occupants (capacity) allowed in the proposed facility by the Building Code. The resolution authorizing the Conditional Use Ap- proval shall include the maximum number of occupants allowed. (b) Conditional Use Approval may be granted contingent upon governmental authori- zation of the proposed facility. (c) The certificate of use or occupancy shall not be transferable if the facility changes use or ownership. (2) Registration All existing and proposed facilities shall register with the Miami Department of Building and Zoning Inspections. 2 , 0, (a) the name of the sponsoring organization, any* 4 (b) the name of the facility operator. (b) the street address of the facility. c4 (d) the type of program to be offered by the facility.a (e) the maximum number of persons who will live at the facility. (f) the governmental authorization to operate the facility. (3) Location Standards The Miami Department of Building and Zoning Inspections shall maintain an official map showing the location of all community -based residential facilities in the City of Miami. Community -based residential facilities shall be subject to the facility location standards: (a) No proposed community -based residential facility shall be located in any census tract where residents of existing com- munity -based residential facilities com- prise 3% or more of that census tract's total population as estimated by the City of Miami Planning Department. (b) No proposed community -based residen- tial facility shall be located within a radius of 1825 feet of an existing community -based residential facility. Measurement shall be made on the official map from the nearest point of the site of the existing facility to the nearest point of the site of the proposed facility. (4) Usable Open Space Usable open space shall be provided to facility occupants based upon the following schedule: (a) 200 square feet for each occupant under 18 years of age. (b) 150 square feet for each occupant 18 years of age or older. The rear and interior side yards of facilities with more than 50 residents must be screened with a solid fence, wall or compact hedge with a minimum height of five feet. (5) Parking A facility shall provide one space for each staff member and one space for each four occupants, Waiver of occupant parking may be permitted based upon the following factors: proximity to mass transit, employment area, community facilities; auto ownership; and visitation policy. 3 (6) Signs No sign shall be permitted in residential zoning districts. 2. Section 45 "Residential Group Homes for Developmental Disabilities", is hereby deleted in its entirety. C. Amending ARTICLE V ONE FAMILY DWELLING - R-1, R-lA, R-lB DISTRICT, Section 1, Use Regulations, Subsection (6) by adding a new paragraph (n) as a "Conditional Use" to read as follows: (n) Community -based residential facilities with not more than 6 occupants, in- cluding resident staff, in accord with the provisions of ARTICLE IV, Section 43. D. Amending ARTICLE VI TNO-FAMILY DWELLING R-2 DISTRICT, Section 1 "Use Regulations", Subsection (4-A) by: Deleting paragraph (d) "Substance Abuse Facilities"; Deleting paragraph (f) "Residential Group Homes for Developmental Disabilities". E. Amending ARTICLE VII LOW DENSITY MULTIPLE R-3 DISTRICT, Section 1 "Use Regulations", Subsection (6-B) by: Adding a new paragraph (d) as a "Conditional Use" to read as follows: (d) Community -based residential facili- ties with not more than 16 residents, including resident staff, in accord with the provisions of ARTICLE IV, Section 43. E. Amending ARTICLE VIII MEDIUM DENSITY MULTIPLE R-4 DISTRICT, Section I "Use Regulations", Subsection (11) by: Deleting from paragraph (c) only the phrase ". . . and RESIDENTIAL GROUP HOMES FOR THE DEVELOPMENTAL DISABILITIES (subject to the provisions of Article IV, Section 45)"; Adding a new paragraph (h) as a "Conditional Use"; to read as follows: (h) Community -based residential facil- ities with nor more than 50 residents, including resident staff, in accord with the provisions of ARTICLE IV, Section 43. G. Amending ARTICLE X - HIGH DENSITY MULTIPLE R-5 DISTRICT, Section 1 "Use Regulations", Subsection (6) by: Adding a new paragraph (f) as a "Conditional Use" to read as follows: (f) Community -based residential facil- ities, in accord with the provisions of ARTICLE IV, Section 43. H. Amending ARTICLE X-1 HIGH DENSITY MULTIPLE R-5A DISTRICT, Section 1 "Use Regulations", Subsection (2-A) by: 4 a Adding a new paragraph (e) as a "Conditional Use" to read as follows: (e) Community -based residential facil- ities in accord with the provisions of ARTICLE IV, Section 43. I. Amending ARTICLE XI RESIDENTIAL -OFFICE R-C DISTRICT, Section 1 "Use Regulations", Subsection (5) by: Adding a new paragraph (f) as a "Conditional Use" to read as follows: (f) Community -based residential facil- ities, in accord with the provisions of ARTICLE IV, Section 43. J. Amending ARTICLE XI-3 RESIDENTIAL -OFFICE -COMMERCIAL, R-C-1 DISTRICT, Section 1 "Use Regulations", Subsection (7) by: Adding a new paragraph (k) as a "Conditional Use" to read as follows: (k) Community -based residential facilities, in accord with the provisions of ARTICLE IV, Section 43. K. Amending ARTICLE XII LOCAL COMMERCIAL C-1 DISTRICT, Section 1 "Use Regulations", Subsection (33) by: Adding a new paragraph (i) as a "Conditional Use" to read as follows: (i) Community -based residential facil- ities in accord with the provisions of ARITICLE IV, Section 43. L. Amending ARTICLE XIV COMMUNITY COMMERCIAL C-2 DISTRICT, Section 1 "Use Regulations", Subsection (21) by: Adding a new paragraph (i) as a "Conditional Use" to read as follows: (i) Community -based residential facil- ities in accord with the provisions of ARTICLE IV, Section 43. Section 2. The Zoning District Map made a part of said Ordinance No. 6871 by reference and description in Article III, Section 2 of said Ordinance is hereby amended to reflect the changes made necessary by the amendments. Section 3. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the sage shall not affect the validity of this Ordinance as a whole. Section 4. That all laws or parts of laws in conflict herewith be and the same are hereby repealed insofar as they 5 t e` cj+ v� �� �' )''� � 'i 5`.i