HomeMy WebLinkAboutItem#8- Urban child care facilitiesPLANNING FACT SHEET
LEGISTAR FILE ID: 09-00950zt September 16, 2009 Item # P.8
APPLICANT Pedro G. Hernandez, City Manager on behalf of the City of
Miami
REQUEST/LOCATION CBD - Central Business District, SD -5 - Brickell Avenue
Area Residential -Office District, and SD -7 - Central Brickell
Rapid Transit Commercial -Residential District.
LEGAL DESCRIPTION See supporting documentation
PETITION A resolution of the Miami Planning Advisory Board
recommending approval or denial of an Ordinance of the
Miami City Commission, amending Ordinance No. 11000,
as amended, the Zoning Ordinance of the City of Miami,
Florida, by amending Article 9 of the Zoning Ordinance
11000, of the City of Miami, Florida, as amended, entitled
"General and Supplementary Regulations"; more
particularly by amending Section 936 entitled Child Day
Care Centers of said ordinance; including regulations For
Urban Day Care Facilities within CBD, SD -5, and SD -7 to
be approved by a Class -II Special Permit to meet the
Florida Statutes, containing a severability clause, and
providing for an effective date.
PLANNING RECOMMENDATION APPROVAL
BACKGROUND AND ANALYSIS This will allow for urban child care facilities within CBD, SD -
5 and SD -7 districts to be approved by Class -II Special
Permit with the limitations set forth, to meet regulations of
Florida Statutes.
PLANNING ADVISORY BOARD
CITY COMMISSION
VOTE:
...................................................................................................................................................................................................................................................................................................................................
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
....................................................................................................................................................................................................................................................................................................................................
Date Printed: 9/3/2009 Page 1
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Legislation
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PAB Resolution
File Number: 09-00950zt
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI
CITY COMMISSION AMENDING ARTICLE 9 OF THE ZONING ORDINANCE
11000, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GENERAL
AND SUPPLEMENTARY REGULATIONS"; MORE PARTICULARLY BY
AMENDING SECTION 936 ENTITLED CHILD DAY CARE CENTERS OF SAID
ORDINANCE; INCLUDING REGULATIONS FOR URBAN DAY CARE FACILITIES
WITHIN CBD (CENTRAL BUSINESS DISTRICT), SD -5 (BRICKELL AVENUE AREA
RESIDENTIAL -OFFICE DISTRICT), AND SD -7 (CENTRAL BRICKELL RAPID
TRANSIT COMMERCIAL- RESIDENTIAL DISTRICTS) TO BE APPROVED BY A
CLASS -II SPECIAL PERMIT TO MEET THE FLORIDA STATUTES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting on September 16, 2009 Item
No. P.8, following an advertised public hearing, adopted Resolution No. PAB - by a vote of - to - (-),
recommending approval as presented.
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 citizens to amend its Zoning
Ordinance as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, is amended by amending the text of said Ordinance as follows {1}
"ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 936. Child daycare centers.
936.9. Location of buildings in CBD, SD -5 and SD -7 districts.
Urban child care facilities established in buildings within CBD (Central Business District), SD -5
(Brickell Avenue Area Residential -Office District) and SD -7 (Central Brickell Rapid Transit
Cite of _Miami Page I of 2 Printed On: 91412009
File Number: 09-00950zt
Commercial -Residential District) districts shall be approved by Class II Special Permit in addition to the
submittal of:
a. An operational plan
b. A resolution by the association approving the Day care center in their buildi
c. Proof of notice to all unit owners.
936.9.1 Urban child care facilities must have a minimum of 35 square feet of usable floor space for
each child and a minimum of 45 square feet of usable outdoor play area for each child, which can be
substituted with indoor play space for outdoor play space, if outdoor play space is not available on site,
and must set forth additional requirements that apply to a facility which makes that substitution,
including, but not limited to, additional square footage requirements for indoor space; air ventilation
provisions; and a requirement to provide facilities and equipment conducive to physical activities
appropriate for the age of the children, in accordance to appropriate regulatory agencies.
Section 3. If any section, 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 4. This Ordinance shall become effective ten (10) days after approval at second
reading, unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the
Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the
City Commission. {2}
Footnotes:
{1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified unless vetoed by the Mayor within ten days
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the effective date stated,
whichever is later.
City of Miami page 2 of 2 Printed On: 9/4/2009