Submitted By: Emily Johnson
presenter
Presentation By: Emily Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2023-52 to amend the supplementary regulations for daycare facility play areas, to accommodate indoor play areas for licensed urban childcare facilities (COD23-45175)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
Star Banner - July 21, 2023 - #9065209
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BACKGROUND: The staff has received an inquiry from a local business owner regarding indoor play areas for daycare facilities. Upon further research, staff discovered that the State has adopted guidelines for urban childcare facilities licensed under s. 65C-22.001 F.A.C. These guidelines allow such facilities to use additional indoor play area space instead of an outdoor play area if outdoor play space is unavailable.
To be classified as an urban day care facility under s. 65C-22.001 F.A.C., a prospective licensee must obtain written documentation from the local governing body confirming that the geographical area has been declared urban. The U.S. Census Bureau classifies the City of Ocala as an urban area. Additionally, the prospective licensee must consult with the licensing authority to confirm that the required outdoor play space, as stated in Section 3.4.4(B) of the Child Care Facility Handbook, either does not exist or cannot be made available. The state licensing authority determines the availability of outdoor play space.
The Planning & Zoning Commission voted unanimously to recommend approval at the June 12, 2023, meeting.
FINDINGS AND CONCLUSIONS: The staff drafted the proposed ordinance. It is consistent with comparable ordinances for similar uses. The proposed amendment is consistent with the City’s code of ordinances and with state and local health and safety regulations. Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance is pending review by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2023-52
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA, CONCERNING ZONING; AMENDING SECTION 122-1314 CONCERNING CRITERIA FOR PLAY AREAS IN THE SUPPLEMENTARY REGULATIONS FOR DAYCARE FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session as follows:
Section 1. That Section 122-1314 of the Code of Ordinances, City of Ocala, Florida is hereby amended to read as follows:
Sec. 122-1314. Play areas.
(a) Outdoor Play Areas. Outdoor play areas shall be encouraged to the greatest extent possible. All outdoor play areas must be identified on a site sketch or conceptual plan and shall be designed in a manner consistent with all applicable state and local health and safety regulations.
1. All outdoor play activities shall be conducted within a fenced play area, and no outdoor play activity shall be conducted before 8:00 a.m. or after 8:00 p.m.
2. An outdoor play area must be fenced with no portion closer than 20 feet to any residential lot line, or closer than 50 feet to any public street. In addition, there shall be a ten-foot landscaped buffer between any portion of the fenced play area and any nonresidential lot line. This ten-foot buffer shall be designed in accordance with subsection 122-260(e).
3. A solid masonry wall shall be provided between outdoor play areas and residential lot lines. However, vegetative screening may be substituted for the wall if, in the opinion of the building official and planning director, this vegetative screening furnished equal protection against noise.
(b) Indoor Play Areas. In such cases that an outdoor play area is deemed not available, illogical, or hazardous due to site conditions or constraints, and a daycare facility is appropriately licensed as an urban childcare facility under S. 65C-22.001 F.A.C., an indoor play area shall be permitted. All indoor play areas must be identified on a site sketch or conceptual plan and shall be designed in a manner consistent with all applicable state and local health and safety regulations.
Section 2. Severability Clause: Should any provision or section of this ordinance be held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. This ordinance shall take effect upon approval by the Mayor, or becoming law without such approval.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs James P. Hilty Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2023.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-52
Introduced: 7/18/2023
Adopted:
Legal Ad No: Star Banner - July 21, 2023 - #9065209