Day Care and Zoning Regulations in Florida

Transcription

1 AGENDA PLANNING AND ZONING BOARD JANUARY 8, :15 P.M. LOCATION: TOWN HALL, 202 EAST MAIN STREET, DUNDEE, FLORIDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: TAB 1: APPROVAL OF MINUTES: A. APPROVAL OF MEETING MINUTES OF NOVEMBER 6, 2013 TAB 2: ELECTION: A. ELECTION OF CHAIRPERSON B. APPOINTMENT OF VICE CHAIRPERSON TAB 3: PUBLIC HEARING: A. A TOWN INITIATED TEXT AMENDMENT TO THE TOWN OF DUNDEE LAND DEVELOPMENT CODE RELATING TO THE DEFINITIONS AND USE OF DAY CARE CENTERS WITHIN THE TOWN OF DUNDEE. TAB 4: NEW BUSINESS A PLANNING AND ZONING BOARD MEETING SCHEDULE 1

2 TAB 5: STATUS REPORT A. REPORT ON STATUS OF ITEMS THAT THE PLANNING AND ZONING BOARD HEARD AT PREVIOUS MEETINGS. DELEGATIONS- QUESTIONS & COMMENTS FROM THE FLOOR (Each speaker shall be limited to three (3) minutes) REPORTS FROM OFFICERS: PLANNING DEPARTMENT COMMENTS TOWN ATTORNEY COMMENTS BOARD MEMBER COMMENTS CHAIRPERSON COMMENTS ADJOURNMENT PUBLIC NOTICE PLEASE BE ADVISED THAT IF YOU DESIRE TO APPEAL FROM ANY DECISIONS MADE AS A RESULT OF THE ABOVE HEARING OR MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS AND IN SOME CASES, A VERBATIM RECORD IS REQUIRED. YOU MUST MAKE YOUR OWN ARRANGEMENTS TO PRODUCE THIS RECORD. (FLORIDA STATUTE ) IF YOU ARE A PERSON WITH DISABLITY WHO NEEDS ANY ACCOMODATIONS IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE TOWN CLERK S OFFICE AT 202 EAST MAIN STREET, DUNDEE, FLORIDA OR PHONE (863) WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS MEETING NOTIFICATION; IF YOU ARE HEARING OR VOICE IMPAIRED, CALL

3 AGENDA ITEM DATE PREPARED: December 18, 2013 PREPARED BY: Marisa M. Barmby, AICP Senior Planner, Central Florida Regional Planning Council AGENDA DATE: January 8, 2014 REQUESTED ACTION: Appointment of Chairman and Vice-Chairman BACKGROUND: Section (6) of the Land Development Regulations states that At the first meeting held after January 1 of each year, the board shall appoint a chairman and the chairman shall appoint a vice-chairman, and other such officers as deemed necessary. The chairman, or in his absence, the vice-chairman, shall preside over all meetings of the board. Officers shall serve terms of one year. Section , which outlines the Planning and Zoning Board, is attached for your information. RECOMMENDATION Staff recommends a Chairman and Vice-Chairman be appointed in keeping with Section (6). Attachments: Section Planning and Zoning Board Page 1 of 1 AGENDA ITEM 2014 Officer Elections January 8, 2014

4 Municode Page 1 of 2 1/2/ Planning and zoning board. At its own option, the town council may appoint itself as the planning and zoning board and serve all associated functions of said board. The functions, powers and duties of the planning and zoning board shall be as follows: 1. Act as Local Planning Agency pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes, and perform all functions and duties prescribed in the statute. 2. Obtain and maintain information on population, property values, the land economy, land use and other information necessary to assess the amount, direction and type of development to be expected in the town. 3. Advise and make recommendations to the town council regarding applications for amendments to the official zoning map and requests for special exceptions or other special designations on property within the town. 4. At the request of the development director, interpret and determine the intent of provisions of this Code which are unclear or in conflict with other regulations. 5. Consider the need for revision or addition of regulations in this Code, and recommend changes to the town council. 6. Consider the need for revision of the Comprehensive Plan, and recommend changes to the town council. 7. Other duties as assigned by the town council Appointment of members. Where the town council chooses to create a separate planning and zoning board, members shall serve according to the following regulations: 1. The planning and zoning board shall have five members, to be appointed by the mayor with approval of the town council. 2. Each member of the planning and zoning board shall reside or own a business in the town, and at least two members of the board shall reside in the town. 3. Each member shall be appointed to a three-year term. In the event that all members are appointed at the same time, one member shall be appointed for a term of one year, two members shall be appointed for a term of two years, and two members shall be appointed for a term of three years. 4. If a position becomes vacant before the end of a term, the mayor with the approval of the town council shall appoint a new member to fill the vacancy for the duration of the vacated term. A member whose term expires may continue to serve until a successor is appointed and qualified. 5. Members may be removed without notice and without assignment of cause by a majority vote of the town council. 6. At the first meeting of the newly appointed board the mayor shall appoint a chairman and the chairman shall appoint the vice-chairman and any other officers as deemed necessary. At the first meeting held after January 1 of each year, the board shall appoint a chairman and the chairman shall appoint a vice-chairman, and other such officers as deemed necessary. The chairman, or in his absence, the vice-chairman, shall preside over all meetings of the board. Officers shall serve terms of one year. 7.

5 Municode Page 2 of 2 1/2/ The chairman will establish subcommittees and appoint members as needed to carry out the purposes of the board. Members shall not be compensated, but may be reimbursed for travel and other expenses incurred on the board business. If any member fails to attend three successive meetings, the board may declare the member's office vacant and notify the town council Procedures. 1. The board shall adopt procedures to carry out its purposes. All rules must conform to the code, other town ordinances and state law. 2. The board shall meet monthly or upon decision of the chairman. 3. The board shall keep minutes of its proceedings, indicating the attendance of each member, and the decision on every question. 4. Three members shall constitute a quorum. 5. Each decision of the board must be approved by a majority vote of the members present at a meeting in which a quorum is present and voting. (Ord. No , 1(Exh. A), ; Ord. No , 1, 2, )

6 AGENDA ITEM DATE PREPARED: January 2, 2014 PREPARED BY: Marisa M. Barmby, AICP, Senior Planner Central Florida Regional Planning Council AGENDA DATE: January 8, 2014 REQUESTED ACTION: Consider a town initiated text amendment to the Town of Dundee Land Development Code relating to the definitions and use of day care centers within the Town of Dundee. BACKGROUND: The Land Development Regulations do not provide a definition for a day care center, but Section of the Code of Ordinances, Child Safety Zones, provides the following definition: Day care center means any child care arrangement which is either required to be licensed by, or which is exempt from licensure in accordance with state or local law, including but not limited to, any family child care home, large family child care home, child care facility, school age child care center, specialized child care facility for the care of mildly-ill children, after school programs and child care facilities of a church or parochial school. The Table of Land Uses in the Land Development Regulations permits day care centers by special exception in the Residential Two-Family (RTF) and Residential Multi-Family (RMF) zoning districts. However, Section provides no standards for day care centers to meet through the special exception process. It is not uncommon for day care centers to be permitted in non-residential zoning districts. DAY CARE CENTER REGULATIONS: The Department of Children and Families (DCF), is statutorily responsible for the administration of childcare licensing and training throughout Florida. They work to ensure that children are well cared for in a safe, healthy, positive, and educational environment by trained, qualified childcare staff. They currently regulate licensed child care facilities, licensed family day care homes, licensed large family child care homes, and licensed mildly ill facilities in 62 of the 67 counties in Florida. They also administer the registration of family day care homes not required to be licensed. Child Care health and safety standards for child care facilities and homes include, but are not limited to, the following areas: Personnel Requirements Page 1 of 2 AGENDA ITEM Day Care Center Uses January 8, 2014

7 Minimum Staff Credentials Capacity Requirements Staff-to-Child Rations Physical Environment Sanitation and Safety Training Health-Related Requirements Food and Nutrition Record Keeping Transportation Safety Child care facilities are exempt from licensing by the State if they obtain a religious exemption annually. A facility qualifies for a religious exemption if: It is an integral part of a church or parochial school -- conducting regularly scheduled classes, courses of study or educational programs. It is accredited by, or by a member of, an organization that publishes and requires compliance with its standards for health, safety, and sanitation. It meets background-screening requirements in ss and , Florida Statutes. Failure to comply with these screening requirements will result in loss of the facility s exemption from licensure. PROPOSED CHANGES: The changes proposed for the Land Development Regulations to address noth child and adult day care centers are attached. MOTION OPTIONS: 1. I move the Planning & Zoning Board recommend approval to the Town Commission of the town initiated text amendment to the Town of Dundee Land Development Code relating to the definitions and use of day care centers within the Town of Dundee. 2. I move the Planning & Zoning Board recommend approval with changes to the Town Commission of the town initiated text amendment to the Town of Dundee Land Development Code relating to the definitions and use of day care centers within the Town of Dundee. 3. I move the Planning & Zoning Board continue this item to a date certain to permit staff additional time to address the issue. 4. I move the Planning & Zoning Board recommend denial to the Town Commission of the town initiated text amendment to the Town of Dundee Land Development Code relating to the definitions and use of day care centers within the Town of Dundee. Attachments: Zoning Map Proposed Definitions and Zoning strike-thru/underline text Page 2 of 2 AGENDA ITEM Day Care Center Uses January 8, 2014

8 STRIKETHOUGH/UNDERLINE TEXT CHANGES DAY CARE CENTER ADULT OR CHILD LANGUAGE: Article 9, Definitions Adult Day Care Center: Any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, therapeutic programs of social and health services as well as activities for adults in a non-institutional setting. Participants may utilize a variety of services offered during any part of a day, but less than a 24-hour period. These services are provided to three (3) 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. (Section , F.S.) Child Care: The care, protection, and supervision of a child, for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care. ( , F.S.) Child Care Facility: (Pursuant to Section , F.S.); Any child care center or child care arrangement which provides child care for more than five (5) children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included: (a) Public schools and nonpublic schools and their integral programs, except as provided in s , F.S.; (b) (c) (d) (e) Summer camps having children in full-time residence; Summer day camps; Bible schools normally conducted during vacation periods; and Operators of transient establishments, as defined in Chapter 509,F.S., which provide child care services solely for the guests of their establishment or resort, provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of Chapter 435, F.S. ( , F.S.) Child Care, Drop-in: Child care provided occasionally in a child care facility in a shopping mall or business establishment where a child is in care for no more than a 4-hour period and the parent remains on the premises of the shopping mall or business establishment at all times. Drop-in child care arrangements shall meet all requirements for a child care facility unless specifically exempted. ( , F.S.) Child Care, Evening: Child care provided during the evening hours and may encompass the hours of 6:00 p.m. to 7:00 a.m. to accommodate parents who work evenings and late-night shifts. ( , F.S.) Page 1 of 6

9 Child Care, Weekend: Child care provided between the hours of 6 p.m. on Friday and 6 a.m. on Monday. ( , F.S.) Family Day Care Home: (Pursuant to Section , F.S.); The operation of a residence as a family day care home, as defined by law, registered or licensed with the Department of Children and Family Services shall constitute a valid residential use for purposes of any local zoning regulations, and no such regulation shall require the owner or operator of such family day care home to obtain any special exemption or use permit or waiver, or to pay any special fee in excess of $50, to operate in an area zoned for residential use (Section , F.S.). An occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver: (a) (b) (c) (d) A maximum of four (4) children from birth to twelve (12) months of age. A maximum of three (3) children from birth to twelve (12) months of age, and other children, for a maximum total of six (6) children. A maximum of six (6) preschool children if all are older than twelve (12) months of age. A maximum of ten (10) children if no more than five (5) are preschool age and, of those five (5), no more than two (2) are under twelve (12) months of age. (Section , F.S.) Family Child Care Home, Large: An occupied residence in which child care is regularly provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, and which has at least two fulltime child care personnel on the premises during the hours of operation. One of the two fulltime child care personnel must be the owner or occupant of the residence. A large family child care home must first have operated as a licensed family day care home for 2 years, with an operator who has had a child development associate credential or its equivalent for 1 year, before seeking licensure as a large family child care home. Household children under 13 years of age, when on the premises of the large family child care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. A large family child care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age: (a) A maximum of 8 children from birth to 24 months of age. (b) A maximum of 12 children, with no more than 4 children under 24 months of age. (c , F.S.) Page 2 of 6

10 ARTICLE 2, REGULATIONS FOR SPECIFIC DISTRICTS Category/Use TABLE (A) TABLE OF LAND USES: AL RSF1 RSF2 RSF3 RTF RMF RMH1 RMH2 CC CH CS IL PI PR CON EDUCATIONAL, CULTURAL FACILITIES Church S S S S P P S S P P P D Civic center/auditorium P P D College/university D D D D D D D D D D Community center P P P P P P P D Day Care Center Adult or S S S S S P P P child* Museum P P P P P P D D Public Library P P P P P P P D School (grades K 12) D D D D D D D D D D Vocational/technical school D D D D D D D D D D * Permitted in conjunction with the requirements of Section ARTICLE 3: DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS Section Development Standards for Uses Permitted by Special Exception Section Adult and Child Day Care Centers (A) Applicability. The following design standards and application requirements shall apply to child care and adult care centers and shall take precedence over any other Town Code or Land Development Regulation when in conflict herewith. All other zoning regulations not provided for by this section shall apply in accordance with the zoning district regulations in which the child or adult day care center is located or is to be located. The design standards and application requirements set forth herein are in addition to other requirements of the Town set forth in the code and land development regulations. (B) (C) Licensing. A child care facility shall be licensed by the Florida Department of Children and Family Services. Adult day care centers must maintain the required licensing from the Florida Agency for Health Care Administration and shall comply with the requirements of F.S. ch. 400, pt. V. In residential zoning districts, in home Occupational Licenses do not apply. Standards. (1) In residential zoning districts, the facility shall be designed to look like a single family home or shall be located in a single family home. In non-residential districts, the lot shall be 10,000 square feet with a minimum street frontage of 100 linear feet. Page 3 of 6

11 (2) No sign larger than two square feet shall be displayed indicating the purpose or nature of the facility shall be permitted in any residential districts, in accordance with Article 4, Sign Regulations. (3) The facility may not include employment of help, other than the members of the resident family and one assisting non-family employee. (3) Fencing of play areas. A 6-foot-high fence or wall shall surround all play areas accessory to child care centers. (4) Landscaped yard around play area. Child care centers with play areas adjacent to residential districts shall have a landscaped yard around such play areas in addition to the required fence or wall. (5) Screening. Adequate screening shall be provided for all outside use areas accessory to care centers as deemed necessary by the Development Director. (6) Ground floor location. Child care centers which are located in and are accessory uses to multifamily or commercial use buildings shall be located on the ground floor. Required parking shall be provided as established in section (7) Parking On-street or off-street parking and loading areas must be available for drop-off and pick-up of children or adults, unless the facility is incorporated into a complex where a general parking area is provided. (8) Hours of operation. All care centers located in or adjacent to residential districts shall not be permitted to operate between the hours of 8:00 p.m. and 6:00 a.m. Care centers in all other districts shall not be permitted to operate between the hours of 10:00 p.m. and 5:00 a.m. These restrictions shall apply only to the regular operation of a day care center and shall not preclude scheduled parent/family and staff meetings during other hours. (9) Hours of operation. All care centers located in or adjacent to residential districts shall not be permitted to operate between the hours of 8:00 p.m. and 6:00 a.m. Care Page 4 of 6

12 Section Supplemental Standards centers in all other districts shall not be permitted to operate between the hours of 10:00 p.m. and 5:00 a.m. These restrictions shall apply only to the regular operation of a day care center and shall not preclude scheduled parent/family and staff meetings during other hours. The hours of operation may be extended or reduced as a condition of the Special Exception. Section Additional Design standards and Requirements for Child and Adult Day Care Centers (A) Applicability. The following design standards and application requirements shall apply to child care and adult care centers and shall take precedence over any other Town Code or Land Development Regulation when in conflict herewith. All other zoning regulations not provided for by this section shall apply in accordance with the zoning district regulations in which the child or adult day care center is located or is to be located. The design standards and application requirements set forth herein are in addition to other requirements of the Town set forth in the code and land development regulations. (B) (C) Licensing. A child care facility shall be licensed by the Florida Department of Children and Family Services. Adult day care centers must maintain the required licensing from the Florida Agency for Health Care Administration and shall comply with the requirements of F.S. ch. 400, pt. V. Standards. (1) Lot size. Minimum lot area in non-residential districts shall be 10,000 square feet with a minimum street frontage of 100 linear feet. (2) Frontage restriction. All care centers contiguous with residential zones shall not have frontage on a minor street. (3) Fencing of play areas. A 6-foot-high fence or wall shall surround all play areas accessory to child care centers. (4) Landscaped yard around play area. Child care centers with play areas adjacent to residential districts shall have a 20-foot landscaped yard around such play areas in addition to the required fence or wall. (5) Screening. Page 5 of 6

13 Adequate screening shall be provided for all outside use areas accessory to care centers as deemed necessary by the Development Director. (6) Ground floor location. Child care centers which are located in and are accessory uses to multifamily or commercial use buildings shall be located on the ground floor. Required parking shall be provided as established in section (7) Parking In addition to the parking requirements of Section , adult daycare and child care centers, which have buses associated with the use, shall provide the following: a paved unobstructed drop-off/pick-up space with adequate stacking area (as determined by the building and zoning department), and a pedestrian walkway system (as approved by same) between the drop-off/pick-up space and the building entrance. (8) Hours of operation. All care centers located in or adjacent to residential districts shall not be permitted to operate between the hours of 8:00 p.m. and 6:00 a.m. Care centers in all other districts shall not be permitted to operate between the hours of 10:00 p.m. and 5:00 a.m. These restrictions shall apply only to the regular operation of a day care center and shall not preclude scheduled parent/family and staff meetings during other hours. Page 6 of 6

14 AGENDA ITEM DATE PREPARED: November 22, 2013 PREPARED BY: Marisa M. Barmby, AICP Senior Planner, Central Florida Regional Planning Council AGENDA DATE: January 8, 2014 REQUESTED ACTION: Meeting Schedule BACKGROUND: Section (2) of the Land Development Regulations states that the Board shall meet monthly or upon decision of the Chairman. The Planning and Zoning Board traditionally meets on the third Wednesday of each month at 6:15 pm. That timeframe was used to build the attached schedule for 2014, with the exception of November and December, which are altered to address the holiday season, and January and October, which are altered to avoid conflicts with the Town Commission meetings. The schedule is presented for consideration and/or amendment by the Planning and Zoning Board to be adopted as the 2014 meeting schedule. RECOMMENDATION Staff recommends approval of the 2014 meeting schedule. MOTION OPTIONS: 1. I recommend approval of the 2014 Planning and Zoning Board meeting date schedule, as attached. 2. I recommend approval of the 2014 Planning and Zoning Board meeting date schedule, as amended. Attachments: Planning and Zoning Board 2014 Meeting Schedule 2014 calendar Page 1 of 1 AGENDA ITEM 2014 Meeting Schedule January 8, 2014

15 Town of Dundee Planning & Zoning Board 2014 Meeting Schedule Meetings held at 6:15 p.m. on the third Wednesday of each month, except for January and October to avoid conflicts with the Town Commission Meetings and November and December for the holidays, or as otherwise scheduled by the Chairman. January 8 February 19 March 19 April 16 May 21 June 18 July 16 August 20 September 17 October 8 November 5 December 3

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17 PLANNING AND ZONING BOARD RECOMMENDATIONS TO COMMISSION STATUS REPORT ITEM P&Z DISCUSSION DATE P&Z HEARING DATE ACTION COMMISSION 1st READING DATE ACTION COMMISSION 2nd READING DATE ACTION Special Exception - Minor Auto Repair & Used Car Sales at 230 Main Street Special Exception - Used Car Sales 106 Center Street LDR Amendment - PUD language LDR Amendment - Day care centers in Non-residential zoning districts LDR Amendment - Automotive Uses n/a 10/16/2013 Recommended Approval 11/19/13 Adopted n/a 11/4/2013 Recommended Approval 11/19/13 Adopted 10/16/ /4/2013 Recommended Approval 11/12/13 Set Public Hearing date 12/10/13 Adopted 10/16/2013 1/8/ /16/2013 TBD Downtown Parking previous TBD Electronic signs 11/4/2013 TBD Page 1 of 1 January 8, 2014 Meeting