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O-531-90 ORDINANCE NUMBER 531-�.90 AN ORDINANCE AMENDING ORDINANCE NUMBER 270, AS AMENDED ; DEFINING AND PERMITTING ADULT CONGREGATE LIVING FACIL- ITIES AND COMMUNITY RESIDENTIAL HOMES ; DEFINING DEVELOP- MENT ORDER, DEVELOPMENT PERMIT, DRAINAGE FACILITIES , LEVEL OF SERVICE, PLAT AND SUBDIVISION; DEFINING AND AUTHORIZING PRO PLANNED RESIDENTIAL-OFFICE DISTRICT; ESTABLISHING RATIO OF FLOOR AREA TO LOT AREA IN A-1 AND A-2 DISTRICTS ; ESTABLISHING REQUIRED YARD AREA PERVIOUS TO RAINFALL; REQUIRING IMMEDIATE DISPOSAL OF DEFINED HAZARDOUS WASTE; INCREASING MINIMUM STANDARD FOR SIGNS ; ADDING 100-YEAR FLOOD ELEVATION IN FEMA MAP TO DETERMINE MINIMUM FIRST FLOOR JOIST LEVEL; RESTRICTING LOCATION OF ENTRANCES AND EXITS AND REQUIRING LANDSCAPING THEREOF; REQUIRING PARKING LOT DESIGN TO CONTROL FLOW OF INTERNAL TRAFFIC; ESTABLISHING REQUIREMENT FOR LAND SUBDIVISION; ESTABLISHING MINIMUM REQUIREMENTS FOR ON-SITE DRAINAGE AND NEW SEPTIC TANKS ; ESTABLISHING NEW SETBACK REQUIRE- MENTS ON DEFINED ARTERIAL OR COLLECTOR STREETS ; PRO- HIBITING FILLING EXISTING LAKES ; REQUIRING SPECIAL APPROVAL OF NEW DEVELOPMENT ON BISCAYNE BAY; REQUIRING SIDEWALKS FOR NEW CONSTRUCTION; INCREASING FACTORS TO BE CONSIDERED BY COUNCIL IN CASE OF SPECIAL APPROVAL; REQUIRING ALL DE- VELOPMENT ORDERS BE CONSISTENT WITH COMPREHENSIVE PLAN; CONDITIONING NEW DEVELOPMENT APPROVAL ON MEETING MINIMUM LEVELS OF SERVICE REQUIRED BY -A COMPREHENSIVE PLAN AND EXEMPTING CERTAIN LANDS THEREFROM; ESTABLISHING DADE COUNTY CON'CURRENCY INFORMATION CENTER AND METROPOLITAN DADE COUNTY ADMINISTRATIVE ORDER NUMBER 4-85 AS SOURCES OF FACILITY CAPACITIES ; ESTABLISHMENT OF MEASURING CAPACITY OF WATER- LINES AND HIGHWAYS , CALCULATING SOLID WASTE GENERATION RATES, DRAINAGE AND RECREATION; ESTABLISHING METHOD FOR DETERMINATION OF CAPACITY AVAILABILITY; ESTABLISHING BURDEN OF SHOWING COMPLIANCE ON APPLICANT; ESTABLISHING RESPONSIBILITY OF MONITORING ON DIRECTOR OF BUILDING AND ZONING; ESTABLISHING DEADLINE FOR CONCURRENCY DETERMIN- ATION; ESTABLISHING AN EXEMPTION DATE FOR DEVELOPMENT AGREEMENT; PROVIDING EFFECTIVE DATE. BE IT ORDAINED BY MIAMI SHORES VILLAGE: SECTION 1. Miami Shores Village Ordinance Number 270 , known as the Miami Shores Village Zoning Ordinance , shall stand amended as follows : SECTION 2 . In order to show authority for the adoption of this Ordinance under Chapter 163 , Florida Statutes , the introductory para- graph of Section 100 , shall stand amended to read as follows : Section 100. This Ordinance is adopted pursuant to the provisions of Section 16 of the Miami Shores Village Charter, being Chapter 26036 , Florida Statutes , Special Acts of 1949, and pursuant to Chapter 163 , Part II , Florida Statutes (Section 163 . 3202) relative to Land Development Regulations , for the protection and promotion -of the safety, health, comfort, morals , convenience peace , prosperity, appearance and general welfare oi the village and its inhabitants , and more specifically for the following purposes : SECTION 3 . Sec' -)n' 102 of Article I . rea as follows : Section 102. This ordinance may be referred to and cited as the "Miami Shores Village Zoning Ordinance . " StCTION 4 .. Section 102 of Article I . shall stand amended to read as follows : Section 102 . This ordinance may be referred to and cited as the "Miami Shores Land Development and Zoning Code . " SECTION 5 . ARTICLE II , definitions , '.shall stand amended to include the following -definitions u�der the de.signated section numbers : Section 202A-Adult congregate living facility (ACLF): A facility, the principal use of which is to provide residential and habilitation services, including room and board and personal services to elderly adults (over 60 years of age) who require such services and are unrelated to the facility owner or operator. These facilities may offer central dining, therapeutic care and other services necessary to meet the needs of the residents. These include adult congregate living facilities as defined by Section 400.402 of the Florida Statutes and like residential retirement and life care facilities. Section 210A- Community Residential Home: A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services, which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of residents. The clients are limited to: children (as derined in s. 39.01(8) and (10), Florida Statutes); the aged (as defined in s. 400.618(3), Florida Statutes); physically disabled or handicapped (as defined in s. 760.22(5)(a), Florida Statutes); developmentally disabled (as defined in s. 393.063(6), Florida Statutes); and mentally ill (as defined in s. 394.455(3), Florija Statutes) who do not constitute a direct threat to the health,property and safety of the n�igbborhood;it shall not include homes for social rehabilitation. Section 211A - Development Order: means any order granting, denying, or .granting with conditions an application for a development permit. * Section 211B - Devel'opment Permit: includes any building permit, plat approval, rezoning, special zoning approval, site plan approval, or other action having the effect or permitting development. Section 211C - Drainage Facilities: means a system of man-made structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures. Section 223A- Level orService: means an indicator or the extent or degree of service provided by, or proposed to be provided by a facility based on and related to t,he operational characteristics or the facility. Level or service indicate the capacity per unit or demand for each public racnity. Section 228A - Plat: means a map or delineated representation of the subdivision or lands, being a complete exact representation or the subdivision and other information in compliance with the requireffient of all applicable sections of this chapter and of any local ordinances, and may include the terms "replat," "amended Plat," or "revised Plat." Section 245A - Subdivision: means the platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division or land, and includes establishment of new streets and alleys, additions, and resubdivisions and, when appropTinte to the context, rela�s to the process of subdividing or to the lands or area subdivided. 2 . SECTION 6 . Paragraph (0 of Section 300 reads as follows : Section 300 , (c) . Nonresidential districts of the following classes : 0 Professional offices B-1 Local business SECTION 7 . Paragraph (c) of Section 300 shall stand amended to read as follows : Section 300 , (c), PRO Planned Residential-Office District B-1 Local Business , SECTION 8 . Schedule of Regulations adopted by reference in Section 400 shall stand amended to delete therefrom District 0, Professional Office District and replaced by the classification PRO, Planned Residential-Office District, defined as follows : (see attached) SECTION 9 . The Schedule of Regulations adopted pursuant to Section "400 shall stand amended to show that in A-1 and A-2 Districts , the minimum plot size shall be 7 , 500 square feet with a construction limitation of 1 square foot -of floor area 'for each 2 square feet of plot area (Floor Area Ratio of . 5) . SECTION 10 . Section 406 shall stand amended to include the following sentence : Any vacant land subject to new construction shall have at least 10 percent of the required yard area pervious to rainfall whethei by grass , landscaping or other techniques acceptable to the Director of Building and Zoning. SECTION 11 . Paragraph W of Section 501 shall stand amended to include the following sentence : However, in the case of hazardous waste (as defined by the Dade County Code) shall be promptly transported to a certified hazardous waste disposal facility. SECTION 12 . Paragraph (h) of Section 504 shall stand amended to include the following sentence : All signs shall be maintained in good repair ; im- provements shall be made at the direction of the' Director of Building and Zoning. SECTION 13 . Section number 507 , requiring first floor joists to be at a level of not les,s than 20 inches above the building level , as defined in Ordinance 270 , shall stand amended to read as follows : 3 . PRO PLANNED OF7ICE/RESIDENCE DISTRICT Village of Miami Shores Minimum Building Cubage Not applicable Construction Masonry PermittedUses 1. All uses permitted in R-districts, as permitted therein as a use by right. 2. Office buildings of a residential type of architecture in exterior design, as a matter of right if for the use or doctors, dentisis, lawyers, engineers, surveyors, abstract title companies, accountants, actuaries, insurance adjusters, auditors, insurance and bonds, manufacturers' agents, and similar uses that may be approved by the Village Council, but not for clinics or for treatment involving overnight care, and not including ambulance service. In all cases the site plan, design or building and display of signs in connection therewith, are to be subject to the approval of the planning board, as provided in Article VI. 3. By Special Approval of Village Council after site plan approval by the Planning Board in accordance with Article VI, multifamily dwellings as permitted in A-1 Multifamily Districts. 4. By Special Approval of Village Council after site plan approval by the PlanningBoard in accordance with Article VI, other office uses in structures of non-Tesidential or residential architecture. Such uses shall not include display, storage or handling of merchandise on the premises. However, retail and service facilities may be permitted within an office building such as barber shops, beauty shops, newstands, and retail stores for sale of books, gifts, flowers, tobacco, drugs and sundries. Such uses shall occupy no more than twenty-five percent(25%) of the floor space of the building., Minimum Plot Size,Minimum Building Height,Minimum Yard Dimensions,Acoessory Buildinp and Off4treet Pariting,and Loading No change No building shall be erected with the bottom of the first floor iists at a level of less an twenty (20) inches ove the building level , defined in this ordinance, or the 100-year flood elevation (8 feet above mean sea level except 9 to 11 close to Biscayne Bay) , whichever is higher. SECTION 14 . Section 520 referring to parking spaces shall stand amended to include the following: (a) Entrances and exits shall not be located where they may create undue traffic problems due to width, spacing or location. See also Section 6-4 (b) of the Buildings Chapter of the Village Code. (b) All entrances and exits to required off-street parking areas shall be located not less than fifteen (15) feet from any street intersection and designed so as to prohibit the backing o*ut of vehicles into public rights-of-way. (c) Landscaping, curbing or control barriers shall be p,rovided along lot boundaries to control entrance, and exit of vehicles or pedestrians . SECTION 15 . Section 521 shall stand amended t*o include a "Sixth: " paragraph as follows : Parking lot designs shall provide for safe, con- venient flow of internal traffic . SECTION 16 .. Article V, shall stand amended by adding thereto Divisions 9 through 16 , inclusive, which shall read as follows : Division 9 . Subdivisions Section 528 - Any subdivision of land as defined in Article II shall require the �ubmittal of a plat (as defined in Article II) for approval by the Planning Board and Village Council The plat shall be prepared in accordance with Chapte� 28 of the Dade County Code of Ordinances as administered by the Dade County De- partment of Public Works . Division 10 . Drainage Section 529 - On-site drainage (Structural drains or detention) shall meet the drainage level-of-service standard specified in 906 (a)-- plus all appropriate County and State requirements . Division 11 . Septic Tanks Section 530 - Any development requiring a n'ew septic tank or other on-site sewage disposal facility shall not receive a building permit until the soil suitability for the proposed system has been approved by Dade County. Division 12 . Arterial and Collector Setbacks Section 531 - The minimum setback for all new building contruction abutting arterial or collector streets as so classified in the comprehensive plan shall be 25 feet and any site plan or special approval shall reflect the potential for roadway widening within the existing 100 foot right-of-way of Biscayne Boulevard. 5 . DA7ISION 13,F—CTION 532 (a) "Community Residential Homes" as defined in Section 210A shall be permitted as a dwelling in all residential districts if 1) they have 6 or less clients, 2) a distance of at least 1,000 feet is maintained between such community residential homes and 3) the sponsoring agency or the Florida Department of Health and Rehabilitative Services MRS) has notified the City Manager as to its conformance with all HRS licensing requirements. (b) Facilities with 7 to 14 clients shall be permitted in all Multifamily Residential Districts (A-1, A-2 and PRO) if a 1,200 foot minimum distance is maintained and the requirements of(d) below are met. (c) Community Residential Homes under both (a) and (b) above shall also meet the following standards: (1) The resident administrator has had college level courses in relevant social sciences plus a high school diploma and three years of relevant experience. (2) The facility has at least: 0 35 sq. ft. of combined living room and dining area per client resident; 0 60 sq. ft. of bedroom space per resident'unless in single bedrooms, then 80 sq. ft. per-bedroom; * one toilet, lavatory and bathing facility per four residents; 0 and otherwise meet the HRS standards. (d) Community Residential Homes with 7 to 14 residents, (b) above, and locating in multifamily (A-1, A-2 and PRO) districts shall undergo the following review process: (1) When a site has been selected by a sponsoring agency, the agency shall notify the Village Manager in writing and include in such notice the specific address of the site, the residential licensing category, the number of residents and the community support requirements of the program. Such notice shall also contain a statement from the district administrator of HRS indicating the need for and the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The district administrator shall also provide to the Village Manager the most recently published data compiled that identifies all community residential homes in the district in which the proposed site is to be located. The Village Council shall review the notification of the sponsoring agency in accordance with this ordinance. (2) Pursuant to such review, the Village Council may: • Determine that the siting of the community residential home is in accordance with local zoning and approve the siting. If the siting is approved,the sponsoring agency may establish the home at the site selected. * Fail to respond within 60 days. If the local government fails to respond within such time, the sponsoring agency may establish the home at the site selected. • Deny the siting of the home. (3) The Village Council shall not deny the siting of a community residential home unless it establishes that the siting of the home at the site selected fails to meet one of the following three criteria: • Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area. • Does not meet applicable licensing criteria established and determined by HRS,including requirements that the home be located to assure the safe care and supervision of all clients in the home. • Would result in such a concentration of community residential homes in the area in proximity to the site selected,or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily zone shall be an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 6. feet of an area of single-family zoning substantially alters the nature and character of the area. (4) If agreed to by both the Village Council and the sponsoring agency, a conflict may be resolved through mediation as provided for in Chpt. 89-372 FAS. (5) HRS shall not issue a license to a sponsoring agency for operation of a community residential home of 7 to 14 residents if the sponsoring agency f ails to notify the local government of its intention to establish a program, as required by law and outlined above. (e) Adult Congregate Living Facilities (ACLF) as defined in Section 202A shall be permitted in A-2 Multifamily Districts. Division 14 . Lakes Section 533 - All existing lakes , including Mirror Lake , shall be retained with no filling permitted. Division 15 . Waterfront Lands Section 534 - Any new development on land adjacent to Biscayne Bay, Biscayne Canal or other tributaries of the Bay shall be subject to Special Approval under Article VI of this Ordinance . The site plans shall be reviewed with respect to : (a) Retention of natural vegetation near the water ' s edge ; and (b) Storm drainage that detains the first one inch in natural or filtered structural facilities ; and (c) Construction that is sensitive to the floodplain and avoids its filling. Division 16 . Sidewalks Section 535 - Construction of any new principal building shall require the cons'truction of side- walks if not already existing unless waived by the planning board. SECTION 17 . Section 602 shall stand amended to include * the following paragraph: (e) Existing natural vegetation and land- scaping, and proposals for vegetative retention and proposed landscaping SECTION 18 . Section 604 (d) shall stand amended to include the words "and natural vegetation" as follows : Section 604 (d) Locations and nature of all walls , fences , landscaping and natural vegetation; SECTION 19 . In order to omit reference to South Florida Flood Control District, Paragraph (c) of 'Section 605 shall stand amended to read as follows : Section 605 (c) Make such requirements as will assure adequate drainage of the site , subject to approval by the South Florida Water Management District with respect to any land lying adjacent to any drainage canall 7 - SECTION 20 . ITICLE IX. Administrati shall stand amended to include sections numbered 905 through 908 , inclusive , as follows : Section 905: (a) Development Order*Consistent with Miami Shores Comprehensive Plan No Development Order shall be issued unless it is round that the development is consistent with the 1989 Comprehensive Plan and any amendments thereto. (b) Deter-mirting Consistency with the Comprehensive Plan Prior to the issuance of any Development Order by the Village of Miami Shores, the Director of Building and Zoning shall check the proposed development for consistency with the Future Land Use Map and related policies of the Comprehensive Plan. Any finding of inconsistency by the Director of Building and Zoning shall be supported by competent findings or fact documented in writing. Section 906 (a) Applicability of Level of Service Standardg New development shall not be approved unless there is sufficient available design capacity to sustain the following levels or service as established in the Miami Shores Comprehensive Plan: 1. The Level-of-Service Standards for streets shall be of D for collectors and arterials (except F on Biscayne Boulevard). 2. The Level of Service ror sewage disposal shall be septic tanks except any development application for construction of a new project exceeding 6 units per acre or producing more than 1,500 gallons of sewage p�r day, in which case sanitary sewer service shall be provided, irreasible. At least 50 percent or any such extensions shall be paid ror by the property owner. 3. The Level of Service ror drainage shall be adequately accommodating stortnwater runoff from a one day, 10 year frequency storm. 4. The Level-or-Service Standard for the'water system shall be at least 100 gallons per person per day at a pressure or at,least 20 pounds per square inch. 5. The Level-or-Service Standard tor solid waste shall be 6.5 pounds per capita per day. 6. The Level-or-Service Standard for recreation shall be as follows: Facilities Serv;oe Standard Gol*f Course & Country Club 1130,000 residents Community Center Park IJ25,000 residents Aquatics Center 1/20,000 residents Brockway Library 5 volumes/per resident Neighborhood Parks 1 acre/10,000 residents Tennis Courts V1,500 residents Basketball Courts V5,000 residents Tot Lot 1/15,000 residents Gymnagium/Auditorium 1/30,000 residents Playing Fields V7,500 residents 8. (b) Development Subject to Adequacy Determhmtion 1- New Development All development permits including special approvals, site plans, plats plus rezoning or building permits 2. Additional Development or Redevelopment All redevelopment or additional development of previously improved lands shall be subject to an adequacy determination ror the additional capacity needed to serve the difference between the capacity to be consumed by the proposed additional development and the capacity generated or consumed by the existing development. 3. Property which is exempt a. Development which is authorized by an approved Development or Regional Impact (DRI) Development Order. b. Development.which is found by the Director of Building and Zoning to have vested rights with regard to any effected roadway segments or infrastructure capacity reservations. c. Development which is one single family or duplex dwelling on a lot in single and separate ownership from adjacent lots. d. Development which is a government facility which the Miami Shores Village Council rinds is essential to the health or safety of the Village re�idents. (c) Measurement of Level-of-SeMce Capacities The Dade County Concurrency Information Center and Metropolitan Dade County Administrative Order 04-85 (July 1989) may be used as sources of facility capacities. More specifically: 1. Water and Wastewater Measurement,of the capacity of water lines will be based on design capacities and projected flows acceptable to the Director of Public Works. Appendix Table I shall be used to project additional flows. Table 11 shall be used to project sewage generation rates when deemed appropriate by the Director of Public Works. 2. Roadways The standard for measuring highway capacities shall be the Florida DOT Table or Generalized Daily Level-of-Service Maximum Volumes. The measurement of capacity may also be determined by engineering studies, the County Concu"ency Information Center, the County's Administrative Order cited above or other data provided that analysis techniques are technically sound and acceptable to the Village Director of Public Works. 9 . The impact shall be presumed to be limited to the collector or arterial serving the local street giving access to the lot, or to the collector or arterial giving direct access to the lot. 3. Solid Waste Table III shall be used to calculate solid waste generation rates, subject to approval by the Village Director of Public Works. 4. Drainage Measurement of drainage shall be based on assumed runoff rates (for example, from the South Florida Water Management District) subject to approval by the Village Director of Public Works. 5. Recreation Measurement shall be based on Table 7.3 in the 1989 Miami Shores Comprehensive Plan and the latest Planning Board population estimate with any necessary interpretation provided by the Director of Recreation or Village Manager. (d) Determination of Capacity AvailabUlty For purposes of these regulations, the capacity availability shall be determined at the earliest point in the review process at which definitive development data is available and by the following method: 1. Adding together: a. the total design capacity of existing facilities operating at the required level of service; and b. the total design capacity of new facilities that will come available concurrent with the impact of the development. The capacity of new facilities may be counted only ir one or more of the following is shown: 1. The necessary facilities are in place at the time a site plan approval is issued, or a site plan approval is issued subject to the condition that the necessary facilities will be in place when the impacts of development occur. 2. Construction of the new facilities is under way at the time of application. 3. The new facilities are the subject or a binding executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract or the provision of services at the time the development permit Is issued. 4. The new facilities have-'been included in a funded capital improvement program annual budget. 10. 5. The new facilities are guaranteed at a specific time in an enforceable development agreement. An enrorceable development agreement may include, but is not limited to, development. agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order pursuant to Chapter 380, Florida Statutes. Such facilities must be consistent with the Capital Improvements Element of the Miami Shores Comprehensive Plan and approved by the Village Manager. 6. The developer has contributed funds to the Village of Miami Shores, Dade County or other governmental entity necessary to provide new facilities consistent with the Capital Improvements Element of the Village of Miami Shores'Comprehensive Plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the Village, County or other governmental entity. 2. Subtracting from that number the sum or- a. the design demand for the service created by existing development; and b. the new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts or the proposed development by the anticipated completion or other presently approved developments. Section 907 The burden of showing compliance with these I evels of service requirements shall be upon the applicant. In order to be approyable, applications for development approval shall provide suffi-cient and verifiable information showing compliance with these standards. Section 908 (a) ResNnsifbUity The Director of Building and Zoning shall be responsible for monitoring development activity to ensure the development is consistent with the Village of Miami Shores Comprehensive Plan. The Director shall record all existing and committed development and its impact on facilities subject to level-of-service standards. Monitoring shall include: 1. A monthly report of all new or amended development and zoning code regulations, including changes in zoning districts. 2. A monthly summary of all building permits. 3. A monthly summary of all permits issued for demolition of buildings. 4. A monthly summary or all certificates of occupancy. N Concurrency Rights Reawntion and Effective Period Although a preliminary concurrency determination should be made at the earliest point in the review process where definitive development data is available, compliance will be finally calculated and capacity reserved at time of final action of an approved site plan, building permit (if no site plan is required) or enforceable developers agreement. Applications for development permits shall be chronologically logged upon approval to determine rights to available capacity. Developer agreements as describod in Chapter 163,3220, the "Florida Local Government Development Agreement Act" shall have a valid concu"ency period not to exceed rive (5)years or as may be moditied. A building permit application must be submitted within 18 months of site plan approval to preserve the Concurrency reservation. An extension of one (1)year may be issued by the Administrative Approval. PASSED and ADOPTED on First Reading this 19th _ day of June, 1990 . PASSED and ADOPTED by the Miami Shores Village Council on Second Reading the 19th day of July 1990 . HENR /".' COURTN!�rayor ATTEST: MIAMI SHORES VILLAGE CLERK By: Scott W. Davis , Deputy Village Clerk APPROVED AS TO FORM: By: William F. Fann-, -A-. , Villag�---�Atorney 12.