Miami-Dade Legislative Item
File Number: 110827
   

File Number: 110827 File Type: Ordinance Status: Adopted
Version: 0 Reference: 11-04 Control: Board of County Commissioners
File Name: ZONING PROVIDE FOR ADULT DAY CARE CENTER Introduced: 4/11/2011
Requester: NONE Cost: Final Action: 2/1/2011
Agenda Date: 2/1/2011 Agenda Item Number: 7B
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 102733. Title: ORDINANCE PERTAINING TO ZONING; PROVIDING FOR ADULT DAY CARE CENTER IN THE RU-5, RU-5A, BU-1, BU-1A, BU-2, BU-3 IU-1 AND OPD ZONING DISTRICTS; AMENDING SECTIONS 33-1, 33-124, 33-223.1, 33-223.6, 33-238, 33-259, 33-264, AND 33-284.30 OF THE CODE OF MIAMI-DADE COUNTY (CODE); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 102733)
Indexes: ADULT DAY CARE
  ZONING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 4/11/2011 Assigned John D. Mc Innis

Board of County Commissioners 2/1/2011 7B AMENDED Adopted as amended P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. It was moved by Commissioner Diaz that the Board adopt this proposed ordinance as presented. Commissioner Edmonson seconded this motion for discussion. Assistant County Attorney John McInnis read the following amendments to this proposed ordinance into the record: To Section 1 - Section 33-1 – (1.2): -to add to the beginning of the definition of Adult Day Care Center the following language “…as defined in Chapter 429 of the Florida Statutes, Adult Day Care Center shall include...” -to delete in the third sentence the following language “…or skilled nursing care…” and to insert “treatment program for alcohol or substance abuse addiction or impairment.” -to delete the language beginning at the sixth sentence that read as follows: “Overnight stay or overnight care is not permitted. Adult day care centers providing services that required licensure, registration, or certification pursuant to state law shall provide a copy of license, registration, or certificate prior to issuance of a certificate of use.” -to insert the following sentence that shall read as “A valid certificate of use shall be obtained and renewed annually. Adult day care center shall be licensed in accordance to Chapter 429 of the Florida Statutes and proof of such license shall be provided to the County prior to issuance of a certificate of use.” To Section 2 – Section 33-124(j): -to insert the following language following the word “provided” to state “with one (1) parking space for each five hundred (500) square feet of gross floor area or equal to the combined total of personnel and transportation vehicles whichever is greater” and to delete the remaining language in this section. Commissioner Diaz explained that this proposed ordinance addressed facilities for adult day care centers. Commissioner Sosa expressed a concern with the potential hazard parking would bring in residential areas for adult day care centers. She questioned whether this amendment would include municipal governments or only unincorporated areas of Miami-Dade County. Mr. Marc LaFerrier, Director, Department of Planning and Zoning (DPZ), explained the zoning requirement outlined in this proposed ordinance that would provide for Adult Day Care Centers. Commissioner Seijas spoke in opposition to adult day care centers being located in areas zoned IU-1. She encouraged adherence to Chapter 429 of the Florida Statutes. Commissioner Seijas offered an amendment to this proposed ordinance providing for County supervision and site visits at these centers. In response to Commissioner Souto’s request for an explanation of this proposed ordinance by the DPZ Director, Mr. LaFerrier explained that this proposal would allow adult day care centers to be located in business, industrial and limited office residential areas. He stated this proposal would rely heavily upon coordination between the County and the State, as noted by Commissioner Seijas. Mr. LaFerrier pointed out that the State regulated this use through the healthcare administration. He indicated that the County would require an annual Certificate of Use and proof of compliance with State law by the operator, for its operating license. Mr. LaFerrier stated that inspectors conducted annual site visits of these facilities and noted that the cost for the license was approximately $300 to $450. Commissioner Bell informed the Board members that State legislators passed a moratorium on licensing for all home health care facilities because of abuse. She asked whether this proposal would increase the amount of the facilities. She stated that the County should use caution because of the potential increase in these facilities. Commissioner Edmonson questioned whether Florida Statute allowed adult day care centers in IU zoned districts. In response to Commissioner Edmonson’s question, Mr. LaFerrier stated that Florida Statutes did not provide for any zoning district. He indicated Florida Statutes only regulated the operator of an adult day care center and it was up to the local jurisdiction, through their zoning ordinances, to determine where these facilities might be located. Commissioner Seijas proposed an amendment providing that a County inspector should have the right to enter the premises for adult day care centers at any reasonable time. It was moved by Commissioner Diaz that the Board adopt the foregoing proposed ordinance with the following amendment, as read, into the record, by Assistant County Attorney John McInnis: To Section 1 - Section 33-1 – (1.2): -to add to the beginning of the definition of Adult Day Care Center the following language “…as defined in Chapter 429 of the Florida Statutes, Adult Day Care Center shall include...” -to delete in the third sentence the following language “…or skilled nursing care…” and to insert “treatment program for alcohol or substance abuse addiction or impairment.” -to delete the language beginning at the sixth sentence that read as follows: “Overnight stay or overnight care is not permitted. Adult day care centers providing services that required licensure, registration, or certification pursuant to state law shall provide a copy of license, registration, or certificate prior to issuance of a certificate of use.” -to insert the following sentence that shall read as “A valid certificate of use shall be obtained and renewed annually. Adult day care center shall be licensed in accordance to Chapter 429 of the Florida Statutes and proof of such license shall be provided to the County prior to issuance of a certificate of use.” To Section 2 – Section 33-124(j): -to insert the following language following the word “provided” to state “with one (1) parking space for each five hundred (500) square feet of gross floor area or equal to the combined total of personnel and transportation vehicles whichever is greater” and to delete the remaining language in this section. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 11-1 (Commissioner Seijas voted “No” and Commissioner Moss was absent). The amended version will be assigned Ordinance No.11-04.

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; PROVIDING FOR ADULT DAY CARE CENTER IN THE RU-5, RU-5A, BU-1, BU-1A, BU-2, BU-3 IU-1 AND OPD ZONING DISTRICTS; AMENDING SECTIONS 33-1, 33-124, 33-223.1, 33-223.6, 33-238, 33-259, 33-264, AND 33-284.30 OF THE CODE OF MIAMI-DADE COUNTY (CODE); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-1. Definitions.

* * *

>> (1.2) Adult Day Care Center: As defined in Chapter 429 of the Florida Statutes, an Adult Day Care Center shall include a facility that provides, for a part of a day, care services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. Said care services may include, but are not limited to providing a protective and non-institutional setting with therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care. Care services shall not include regular physician visits or treatment programs for alcohol or substance abuse addiction or impairment. On site supportive and optional services provided at an adult day care center may include but are not limited to speech, occupational, and physical therapy; legal consultation; consumer education; and referrals for follow up services. Overnight stay or overnight care is not permitted. A valid Certificate of Use shall be obtained and renewed annually. Adult day care centers shall be licensed in accordance with Chapter 429 of the Florida Statues and proof of such license shall be provided to the County prior to issuance of a certificate of use.<<


* * *
Section 2. Section 33-124 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

Sec. 33-124. - Standards.

* * *

>>(j) Adult Day Care Center, shall be provided with one (1) parking space for each five hundred (500) square feet of gross floor area, or equal to the combined total of personnel and transportation vehicles whichever is greater.<<

* * *

Section 3. Section 33-223.1 (RU-5 DISTRICT) of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

Sec. 33-223.1. - Uses permitted.
No land, body of water or structure shall be used, or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved or structurally altered or maintained for any purpose in an RU-5 District which is designed, arranged, or intended to be used or occupied for any purpose, except for one (1) or more of the following uses, and all other uses are hereby prohibited:
* * *
(6) Actuaries.
>> (6.1) Adult Day Care Center.<<


* * *


Section 4. Section 33-223.6 (RU-5A DISTRICT) of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

Sec. 33-223.6 - Uses permitted.
No land, body of water or structure shall be used, or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved or structurally altered or maintained for any purpose in an RU-5A District which is designed, arranged, or intended to be used or occupied for any purpose, except for one (1) or more of the following uses, and all other uses are hereby prohibited:
* * *
(3) Actuaries
>> (3.1) Adult Day Care Center<<


* * *


Section 5. Section 33-238 (BU-1 DISTRICT) of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

Sec. 33-238. - Uses permitted.
No land, body of water or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or maintained in any BU-1 District, which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) or more of the following uses:
* * *
(1.2) Allied health care clinical colleges/universities.
>>(1.3) Adult Day Care Center.<<


* * *


Section 6. Section 33-259 (IU-1 DISTRICT) of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:


Sec. 33-259. - Uses permitted.
No land, body of water or structure shall be used or permitted to be used and no structure shall be erected, constructed, moved or reconstructed, structurally altered, or maintained, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, in IU-1 District, excepting for one (1) or more of the following:

* * *

(2) Adult entertainment uses….
>>(2.1) Adult Day Care Center.<<

* * *

Section 7. Section 33-264 (IU-3 DISTRICT) of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

Section 33-264. - Uses Permitted
No land, body of water or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in an IU-3 District which is designed, arranged or intended to be used or occupied for any purpose, except for any one (1) or more of the uses listed in this section.
(1) Every use permitted in the IU-1 and IU-2 Districts, except adult entertainment uses as defined in Section 33-259.1, >>adult day care centers<< and private schools and nonpublic educational facilities as defined in Section 33-151.11 are prohibited in the IU-3 District.

* * *


Section 8. Section 33-284.30 (OPD DISTRICT) of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-284.30 - Uses permitted.
(A) No land, body of water and/or structures shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved, reconstructed, or structurally altered or maintained in any OPD District, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise herein provided, excepting for one (1) or more of the following uses:
* * *
(2) Accessory uses. Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of fifteen (15) percent of the total gross interior square footage of the buildings proposed for the site. Such uses shall have no outside advertising. Areas devoted to structure parking shall not be included in the above calculations. Service facilities shall constitute the following:

* * *

(d) Personal services such as:

* * *

(x) Adult Day Care Center;

* * *

Section 9. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 10. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 11. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.


1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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